Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: March, 2013

Free-Issue Death Certificates: MISCELLANEOUS, no. 9.

W.H. (Willon Hatch) Brooks. Died 21 May 1925, Mitchell, Bertie County. Colored. Married. Farmer. Born 29 April 1860 in Wayne County to Wright Casey and Caline Brooks. Informant, Dave Brooks.

In the 1860 census of Indian Springs, Wayne County: Annis Brooks, 51, Caroline, 20, Bassel, 14, Elizabeth, 10, and Hatch, 2 months.

Louisa Davis. Died 23 August 1915, New Hope, Wayne County. Colored. Widow. Born 19 July 1840 in NC to Peter Ward and Milly Smith. Buried New Hope township. Informant, Clarisy Davis, Goldsboro.

Isham Smith. Died 12 February 1914, Fork, Wayne County, Colored. Married. Undertaker. Born North Carolina to unknown parents. Buried in Goldsboro. Informant, W.W. Faison.

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. [Sidenote: Isham Smith married Nancy Henderson, daughter of James and Louisa Armwood Henderson and sister or half-sister to Lewis and John Henderson and others. Isham and Nancy’s daughter Annie Smith married James Guess, who took over his father-in-law’s undertaking business and operated James Guess Funeral Home into the mid-20th century. — LYH]

Fannie S. Norwood.  Died August 1930, Wilmington, New Hanover County. Resided 520 Walnut. Negro. Widowed. Teacher. Born in 1846 in Wilmington to James D. Sampson of Sampson County and Francinea Kellogg of Wilmington. Buried in Pine Forest. Informant, Mrs. S.E. Merrick, 520 Walnut.

In the 1850 census of Wilmington, New Hanover County: Jas. Sampson, 44, carpenter, wife Fanny, 39, children Jas., 20, Jos., 18, and Benj’a, all apprentices, John, 14, Mary, 12, M.A., 10, George, 8, Fanny, 4, and Nathan, 2.

William Petapher. Died 4 May 1910, New Bern, Craven County. Colored. Married. Shoemaker. Born 1843 to Wright Petapher and unknown mother. Buried Greenwood cemetery. Informant, Rosa Petapher.

Cesero Wiggins. Died [no day] April 1924, New Bern, Craven County. Negro. Carpenter. Resided 24 Crooked.  Widower of Clarncie Wiggins. Born 1860 in New Bern to Wright Pettipher and Sarah Wiggins. Buried at Pettiphords cemetery. Informant Louisa Wiggins.

In the 1860 census of Neuse River, Craven County: Sarah Wiggins, 35, day laborer, Martha, 14, Julia, 12, Sabine, 10, Rebecca, 8, and Cicero, 6.

Theophilus George. Died 26 February 1918, #5, Craven County.  Negro.  Married to Hepsey George. Born 10 July 1850 to Theophilus George and Sarah Harkley. Informant, Oscar Frazier.

Mary F. Carter. Died 27 July 1915, North Harlour, Craven County. Negro. Married. Born 10 April 1863 in Craven County to Lige George and Sarah Fenner, both of Craven County.  Buried Cohogue. Informant, A.V. George.

In the 1860 census of Goodings, Craven County: Elijah George, 50, farmer, wife Sarah, 30, Theophilus, 20, Timothy, 8, Nancy, 10, J.P., 4, and T.J., 2.

Bailey Godette. Died 22 June 1915, No. 5, Craven County. Negro. Married. Farmer. Born 15 May 1861 in North Harlowe to Andrew Godette and Debah George, both of North Harlowe. Buried North Harlowe cemetery. Informant, Debah Jackson, 99 Bern Street.

In the 1860 census of Goodings, Craven County: Andrew Godett, 24, day laborer, Mary F., 27, William B., 6, Nancy, 4, and Sarah A., 3 months.

An Act to Emancipate Phillis.

CHAPTER XVIII.

An Act to Emancipate a certain Negro Slave named Phillis, late the Property of George Jacobs, of the town of Wilmington, Deceased.

Whereas it is represented to the General Assembly that the aforesaid George Jacobs, deceased, in his last illness, did earnestly request that his negro slave named Phillis should be liberated for her great attention to her said master during her continuance with him, and more especially for her care and assiduity in his last illness: In order therefore to carry into effect the dying request of the said George Jacobs, deceased:

I. Be it Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That from and after the passing of this Act, the aforesaid negro woman named Phillis, shall be emancipated and forever discharged from her bondage, in as full and ample manner as if she had been born free; any law, usage or custom to the contrary notwithstanding: And the said negro woman shall forever hereafter be known by the name of Phillis Freeman.

Acts of the North Carolina General Assembly, 1788, Colonial and State Records of North Carolina. 

William Goyens.

William Goyens (or Goings), early Nacogdoches settler and businessman, was born in Moore County, North Carolina, in 1794, the son of free mulatto William Goings and a white woman. He came to Texas in 1820 and lived at Nacogdoches for the rest of his life. Although he could not write much beyond his signature, he was a good businessman. He was a blacksmith and wagonmaker and engaged in hauling freight from Natchitoches, Louisiana. On a trip to Louisiana in 1826, he was seized by William English, who sought to sell him into slavery. In return for his liberty, Goyens was induced to deliver to English his slave woman and to sign a note agreeing to peonage for himself, though reserving the right to trade on his own behalf. After his return to Nacogdoches, he successfully filed suit for annulment of these obligations.

During the Mexican Texas era, Goyens often served as conciliator in the settlement of lawsuits under the Mexican laws. He was appointed as agent to deal with the Cherokees, and on numerous occasions he negotiated treaties with the Comanches and other Indians. He also operated an inn near the site of what is now the courthouse in Nacogdoches. In 1832, he married Mary Pate Sibley, who was white. Sibley had one son, Henry Sibley, from a former marriage, but Goyens and Mary had no children together.

During the Texas Revolution, Goyens was interpreter for Gen. Sam Houston and his party in negotiations for a treaty with the Cherokee. After the revolution he purchased what was afterwards known as Goyens’ Hill, four miles west of Nacogdoches. He built a large two-story mansion with a sawmill and gristmill west of his home on Moral Creek, where he and his wife lived until their deaths. During his later life Goyens amassed considerable wealth in real estate, despite constant efforts by his white neighbors to take it away. He always employed the best lawyers in Nacogdoches, including Thomas J. Rusk and Charles S. Taylor, to defend him and was generally successful in his litigation. He died on June 20, 1856, soon after the death of his wife; they were both buried in a cemetery near the junction of Aylitos Creek with the Moral. At his grave a marker was erected by the Texas Centennial Commission in 1936. Many traditions grew up in Nacogdoches about this unusual man, and sometimes it is hard to tell just what is true and what is tradition.

Adapted from Texas State Historical Association, tshaonline.org

He wished to go after his wife.

RAN AWAY, From Raleigh on the 25th Instant, A BLACK MAN, by the name of ABRAM about five feet two inches high, well set, and about 40 years of age, a tolerably good Shoemaker and Cooper – at the Shoemaking he has worked the year past with Mr. Joseph G. Bacon of this place. I expect he will make to Murfreesborough in Hertford County, in this State, where he is well known, as he was bro’t to this place by a Mr. Allen Clark, and sold to me in June, 1813. I expect he has a Pass, as I understand he was wishing to get one wrote, as he said he wished to go after his wife Nancy, a free mulatto, who is said to be in the neighbourhood of the Borough with one of her children. – I forewarn all persons from harbouring or employing him in any way, or from carrying him either by land or water, as I shall be under the disagreeable necessity of putting the law in force against all such persons – but will satisfy any reasonable person who may bring him to me, or deliver him in Jail, so that I get him again.  J. SCOTT Raleigh, March 28.

Raleigh Register and North Carolina Weekly Advertiser, 29 March 1816.

A very considerable technical exception.

In our generalizations upon American history — and the American people are prone to loose generalization, especially where the Negro is concerned — it is ordinarily assumed that the entire colored race was set free as the result of the Civil War. While this is true in a broad, moral sense, there was, nevertheless, a very considerable technical exception in the case of several hundred thousand free people of color, a great many of whom were residents of the Southern States. Although the emancipation of their race brought to these a larger measure of liberty than they had previously enjoyed, it did not confer upon them personal freedom, which they possessed already. These free colored people were variously distributed, being most numerous, perhaps, in Maryland …. In the year 1850, according to the [federal census], there were in the state of North Carolina 553,028 white people, 288,548 slaves, and 27,463 free colored people. In 1860, the white population of the state was 631,100, slaves 331,059, free colored people, 30,463.

This free colored population was by no means evenly distributed throughout the state, but was mainly found along or near the eastern seaboard, in what is now known as the “black district” of North Carolina. In Craven county, more than one-fifth of the colored population were free; in Halifax county, where the colored population was double that of the whites, one-fourth of the colored were free. In Hertford county, with 3,947 whites and 4,445 slaves, there were 1,112 free colored. In Pasquotank county, with a white and colored population almost evenly balanced, one-third of the colored people were free. In some counties, for instance in that of Jackson, a mountainous county in the west of the state, where the Negroes were but an insignificant element, the population stood 5,241 whites, 268 slaves, and three free colored persons.

The growth of this considerable element of free colored people had been due to several causes. In the eighteenth century, slavery in North Carolina had been of a somewhat mild character. There had been large estates along the seaboard and the water-courses, but the larger part of the population had been composed of small planters or farmers, whose slaves were few in number, too few indeed to be herded into slave quarters, but employed largely as domestic servants, and working side by side with their masters in field and forest, and sharing with them the same rude fare. The Scotch-Irish Presbyterian strain in the white people of North Carolina brought with it a fierce love of liberty, which was strongly manifested, for example, in the Mecklenburg declaration of independence, which preceded that at Philadelphia; and while this love of liberty was reconciled with slavery, the mere prejudice against race had not yet excluded all persons of Negro blood from its benign influence. Thus, in the earlier history of the state, the civil status of the inhabitants was largely regulated by condition rather than by color. To be a freeman meant to enjoy many of the fundamental rights of citizenship. Free men of color in North Carolina exercised the right of suffrage until 1835, when the constitution was amended to restrict this privilege to white men. It may be remarked, in passing, that prior to 1860, Jews could not vote in North Carolina. The right of marriage between whites and free persons of color was not restricted by law until the year 1830, though social prejudice had always discouraged it.

The mildness of slavery, which fostered kindly feelings between master and slave, often led to voluntary manumission. The superior morality which characterized the upper ranks of white women, so adequately protected by slavery, did not exist in anything like the same degree among the poorer classes, and occasional marriages, more or less legal, between free Negroes and slaves and poor white women, resulted in at least a small number of colored children, who followed the condition of their white mothers. I have personal knowledge of two free colored families of such origin, dating back to the eighteenth century, whose descendants in each case run into the hundreds. There was also a considerable Quaker element in the population, whose influence was cast against slavery, not in any fierce polemical spirit, but in such a way as to soften its rigors and promote gradual emancipation. Another source of free colored people in certain counties was the remnant of the Cherokee and Tuscarora Indians, who, mingling with the Negroes and poor whites, left more or less of their blood among the colored people of the state. By the law of partitus sequitur ventrem, which is a law of nature as well as of nations, the child of a free mother was always free, no matter what its color or the status of its father, and many free colored people were of female Indian ancestry.

I may add that North Carolina was a favorite refuge for runaway slaves and indentured servants from the richer colonies north and south of it. It may thus be plainly seen how a considerable body of free colored people sprang up within the borders of the state. The status of these people, prior to the Civil War, was anomalous but tenable. Many of them, perhaps most of them, were as we have seen, persons of mixed blood, and received, with their dower of white blood, an intellectual and physical heritage of which social prejudice could not entirely rob them, and which helped them to prosperity in certain walks of life. The tie of kinship was sometimes recognized, and brought with it property, sympathy and opportunity which the black did not always enjoy. Many free colored men were skilled mechanics. The State House at Raleigh was built by colored workmen, under a foreman of the same race. I am acquainted with a family now living in the North, whose Negro grandfather was the leading tailor, in Newbern, N. C. He owned a pew on the ground floor of the church which he attended, and was buried in the cemetery where white people were laid to rest. In the town where I went to live when a child, just after the Civil War, nearly all the mechanics were men of color. One of these, a saddler by trade, had himself been the owner, before the war, of a large plantation and several slaves. He had been constrained by force of circumstances to invest in Confederate bonds, but despite this loss, he still had left a considerable tract of land, a brick store, and a handsome town residence, and was able to send one of his sons, immediately after the war, to a Northern school, where he read law, and returning to his native state, was admitted to the bar and has ever since practiced his profession. This was an old free family, descended from a free West Indian female ancestor. For historical reasons, which applied to the whole race, slave and free, these families were, before the war, most clearly traceable through the female line.

The principal cabinet-maker and undertaker in the town was an old white man whose workmen were colored. One of these practically inherited what was left of the business after the introduction of factory-made furniture from the North, and has been for many years the leading undertaker of the town. The tailors, shoemakers, wheelwrights and blacksmiths were men of color, as were the carpenters, bricklayers and plasterers. …

Excerpt from Charles W. Chesnutt, “The Free Colored People of North Carolina,” The Southern Workman, vol. 31, no. 3 (1902).

Craven County Apprentices, 1810.

On 13 June 1810, Joseph Long, a free boy of color aged 16 years on 30 June 1810, was bound to Andrew Worron as a Taylor and habit maker.

On 10 September 1810, Jacob Lewis, a free boy of color aged 8 years, was bound to Joseph Robeson as a pilot and mariner.

On 10 September 1810, Smith Lewis, a free boy of color aged 10 years, was bound to Joseph Nelson as a pilot and mariner.

On 14 September 1810, William Manning, a boy of color aged 16 years on 30 June  1810, was bound to Andrew Worron as a tailor and habit maker.

On 10 December 1810, Jesse Gaudet, a free boy of color aged 3 years, was bound to William Physioc as a cooper.

On 12 December 1810, London Howard, 13, and John Gaudett, 10, free boys of color, were bound to Horatio Dade as coopers.

Freedman’s Bank depositor, no. 1.

No. 3513. Record for Loftin Chance.  Date April 18, 1873. Where born: Slocum’s Cove. Where brought up: ditto. Residence: ditto. Age 24. Complexion: brown. Occupation: Sailor on wood-boat. Works for self. [No wife or children.] Father: Solomon Chance. Mother: Mary Jane. Brothers and Sisters: Johnson, John, Caroline. Signature: Loftin Chance.

Freedman’s Bank Records, National Archives and Records Administration.

In the 1850 census of Craven County: Solomon Chance, 26, boatman, wife Jane, 26, son Loftin, 8 months, and Joshua Lewis, 21, boatman.

Now, you see, my father was a free man.

William Scott

William Scott: Ex-Slave Story, 401 Church St., 77 years old.

My name is William Scott. I live at 401 Church Street, Raleigh, North Carolina. I wuz born 1860, March 31st. I wuz free born. My father wuz William Scott. I wuz named after my father. My mother wuz Cynthia Scott. She wuz a Scott before she wuz married to my father. She wuz born free. As far back as I can learn on my mother’s side they were always free.

My mother and father always told me my grandfather wuz born of a white woman. My grandfather wuz named Elisha Scott. I have forgot her name. If I heard her name called I have forgot it. My grandfather on my mother’s side wuz a Waverly. I can’t tell you all about dese white folks, but some of ’em, when they died, left their property to mulattoes, or half-breed children, and several of them are living in this community now. I can tell you exactly where they are, and where they got their property. Some of them are over half white. They were by a Negro woman who wuz a mulatto and a white man. Dey air so near white you can’t tell them from white folks. This condition has existed as long ago as I have any recollection, and it still exists, but there are not as many children according to the relations as used to be.

Free Negroes were not allowed to go on the plantations much. Now you see my father wuz a free man. We lived right here in town. My father wuz a ditcher and slave gitter. One night the man he worked for got up a crowd and come to whup him and take his money away from him. He had paid father off that day. Dat night dey come an’ got him an’ blindfolded him. He moved the blindfold from over his eyes and run an’ got away from ’em. He never did go back no more to the man he had been workin’ for. I wuz a little boy, but I heard pappy tell it. Dat wuz tereckly after de surrender. Pappy saw the man he had been workin’ for when he slipped the blindfold off his face, and he knowed him.

I wuz a boy when the Yankees came to Raleigh. They came in on the Fayetteville Road. They stopped and quartered at the edge of the town. I remember they had a guardhouse to put the Yankees in who disobeyed. Later on they came in from the east and quartered at the old Soldiers Home right in there, but not in the buildings. There were no houses there when the Yankees came. They had some houses there. They built ’em. They stayed there a good while until all the Yankees left. When the Yankees first came in they camped over near Dix Hill, when they come into town you hardly knew where they come from. They were jist like blue birds. They jist covered the face of the earth. They came to our house and took our sumpin’ to eat. Yes sir, they took our sumpin’ to eat from us Negroes. My daddy didn’t like deir takin’ our rations so he went to de officer and tole him what his men had done, and the officers had sumpin’ to eat sent over there.

My mammy cooked some fur de officers too. Dey had a lot of crackers. Dey called ’em hard tack. The officers brought a lot of ’em over dere. We lived near the Confederate trenches jist below the Fayetteville Crossin’ on Fayetteville Street. The breastworks were right near our house.

I know when the colored men farmed on share craps, dey were given jist enough to live on, and when a white man worked a mule until he wuz worn out he would sell him to de colored man. De colored man would sometime buy ‘im a old buggy; den he wuz called rich. People went to church den on steer carts, that is colored folks, most uv ’em. De only man I wurked for along den who wud gib me biscuit through de week wuz a man named June Goodwin. The others would give us biscuit on Sundays, and I made up my mind den when I got to be a man to eat jist as many biscuits as I wanted; and I have done jist dat.

My mammy used to hire me out to de white folks. I worked and made jist enough to eat and hardly enough clothes to wear to church until I wuz a man. I worked many a day and had only one herrin’ and a piece of bread for dinner. You know what a herrin’ fish is? ‘Twon’t becase I throwed my money away, twas cause we didn’t git it, nuther to save up. When we farmed share crap dey took all we made. In de fall we would have to split cord wood to live through de winter.

I will tell you now how I got my start off now, I am going to use dis man’s name. I went to work for a man name George Whitaker. I drive a wagon for him. He ‘lowed me all de waste wood for my own use. This wuz wood dat would not sell good on de market. I hauled it over home. I worked for him till he died, en his wife lowed me a little side crap. I made this crap, took de money I got for it, and built a little storehouse. I disremember how long I worked fer Mis’ Hannah Whitaker. Den I quit work for her and went to work for myself. I owns dat little storehouse yit, de one I worked wid Mis’ Hannah Whitaker, en from dat I bought me a nudder home.

When de Yankees come to Raleigh dere wuz a building dey called de Governor’s Palace, it stood whur de Auditorium now stands. Right back o’ where de courthouse now stands wuz a jail and a gallows an’ a whuppin’ pos’ all dere together. I know when dey built de Penitentiary dey hauled poles from Johnston County. Dey called dem Johnston County poles. Dey hauled em in on trains. Dis post office wuz not built den. De post office den wuz built of plank set up an’ down.

I remember seeing a man hung down at de jail. His name wuz Mills. He wuz a white man. When he got on de scaffold he said, ‘What you gwine to do to me do it quick and be done wid it’.

I think Abraham Lincoln done the colored man a heap of good. If it hadn’t been for Mr. Roosevelt there are many livin’ today who would have parished to death. There are plenty of people walkin’ about now who would have been dead if Mr. Roosevelt had not helped them. The only chance I had to hold my home wuz a chance given me through him. At my age, I cannot make much at work, but through things he helped me, and I is holding my own.

From Slave Narratives: A Folk History of Slavery in the United States from Interviews with Former Slaves (1841).

In the 1850 census of Raleigh, Wake County: Alfred Wavy, 25, Kazina, 38, Lewis H. Wavy, 2, and Syntha H. Scott, 14. But: in Camp Creek, Rutherford County: William Scott, 25, Cynda, 17, Rufus, 16, Wesley, 15, and Mary Scott, 6 months.

In the 1860 census of Alamance County: Wm. Scott, 24, fireman, wife Synthia, 23, and children May J., 3, Saml, 1, and Jane, 2 months.

William Scott. Died 14 June 1945, Raleigh, Wake County. Resided 601 Church St. Colored. Widower. Laborer. Born 5 Aug 1852 in Wake County to William Scott and Senthia Scott. Buried Mount Hope, Raleigh. Informant, Pinkie Hall.

Setting free Maria and her four children.

State of North Carolina, New Hanover County  } Court of Pleas & quarter Sessions, June Term 1797

Know all men by these Presents that We John McLellan, George Hooper, Henry Urquhart and John Allan all of the County aforesaid, are held and firmly bound unto his Excellency Samuel Ashe esq’r Governor, Captain General and Commander in Chief in and over the State aforesaid in the just and fill sum of One thousand Pounds, for the which payment will and truly to be made to his Excellency the Governor aforesaid his successors or assigns We do hereby jointly and severally, firmly by these presents, bind our seves and each of us our Heirs Executors and Administrators, Sealed with our Seals and dates as above –

The Condition of the above Obligation is such, that Whereas, the Justices presiding in the Court aforesaid at the Term aforesaid have on the Petition of the aforesaid John McLellan, emancipated and sett free, as fully and amply, as by the Laws of this State they are entitled, a certain female Negroe Slave, belonging to the said John McLellan named Maria and her four Children named William Elizabeth Margaret and Mary; And in case the said female Negroe Slave Maria and her four Children William, Elizabeth, Margaret and Mary or either of them shall not in any manner whatsoever become chargeable to or on this or any other County within this State, then the above Obligation to be void otherwise to remain in full force and Virtue.   /s/ John Mclellan, G. Hooper, Henry Urquhart, John Allan

Signed Sealed & Delivered in presence of /s/ James W. Walker

Slave Records, New Hanover County Records, North Carolina State Archives.

Did unlawfully live as man & wife with a slave.

State of North Carolina, Wilson County to wit:

Court of Pleas & Quarter Sessions January Term AD 1859

The Jurors for the State on their oath present that Benjamin Price a free negro late of the County of Wilson on the 1st day of December AD 1858 and divers other days and times both before and after that day at and in the county aforesaid did unlawfully cohabit & live as man & wife with Easter a slave the property of Dempsey Barnes contrary to the form of the statute in such cases made & provided and against the peace & dignity of the state.    /s/ B.B. Barnes Sol

[Reverse: State vs Ben Price A Slave for Wife / Gov Pros Wit Dempsey Barnes  / Not a true Bill W.E.J. Shallington For’n Grand Jury]

Miscellaneous Records, Wilson County Records, North Carolina State Archives.