Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

He formerly followed the sea.

Taken up and committed on the 17th Inst. to the jail of this county, a negro man by the name of John Brown, who has formerly followed the sea; he is a about twenty-four years of age, six feet high, spare made and speaks broken English; he says, on examination, that he was on board of the British merchant vessel “Canada,” bound from Trinidad to Newfoundland, as a sailor, and captured just before the restoration of peace, by the privateer Hero, commanded by capt. Waterman. Said vessel Canada, was brought into Beaufort in this state, condemned and sold at Washington. All the crew except himself returned to home, he remained at Greenville and passed for a freeman, until a few days past he was sold to a Mr. MacLeod of Richmond county, by whom he is not certain; on his way he absconded with an intention of returning to Greenville. It is hoped that the Marshal of this state will make enquiries into the above circumstances, and a permit will be required from his hand before the purchaser will be permitted to pay charges and take him away. Also committed on the same day, a negro man who answers to the name of Joe, about twenty one years old, five feet and a half high and remarkably black, says he was sold by William Beaton of Lenoir county, to a speculator, whose name he does not remember, and that he deserted this dealer in human flesh on Deep river. The owner of this negro is requested to prove property, pay charges and take him away.  ROBT. GULLY, jun. Shff., Smithfield, Johnston county, June 20, 1816.

Star, Raleigh, 25 June 1816.

An act authorizing him to free his wife and son.

An Act authorizing John Malone, a free man of color, to emancipate his wife and son, upon certain conditions herein mentioned.

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 John Malone, a free man of color, in the county of Wake, be, and he is hereby authorized to emancipate from slavery, Cherry, his wife, and Edmond, his son, who are the slaves of the said John Malone; and that the said Cherry, by the name of Cherry Malone; and the said Edmond, by the name of Edmond Malone, shall thence-forth be free and have and enjoy the same rights and privileges as if they had been born free in this State, and may at their pleasure continue to reside in North Carolina; any law to the contrary notwithstanding; Provided, That the said Edmond Malone shall be, after his emancipation, considered in law the legitimate son and heir of said John Malone, and capable in law to succeed as such to the property, real and personal, whereof the said John Malone may die siezed and possessed, without devising it, or otherwise conveying it to others, in all respects, as though the said Edmond had been born in lawful wedlock of the body of the lawful wife of the said John Malone; and provided further, That the said John Malone shall in due form of law intermarry with said Cherry Malone, and make her his lawful wife, on the same day that she shall be emancipated by him from slavery.

Sec. 2. Be it further enacted, That before the said John Malone shall emancipate the said slaves Cherry and Edmond, and as a precedent condition to give the said act of emancipation effect in this State, the said John Malone shall give a bond, in the penal sum of five hundred dollars, payable to the State of North Carolina, and conditioned that the said slaves, Cherry and Edmond, shall each be of good behavior during his or her residence in the State, and that neither of them shall, after their emancipation, become chargable to the county or any parish or county in North Carolina; and further conditioned, that the said John Malone will renew the said bond, with approved security when it shall at any time be required by the county court of Wake; and the clerk of the county court of Wake, under the written approbation of any two justices of the peace or the county court of Wake, may take the first bond, and the said John Malone shall give one or more good and approved sureties to the said bond, as well the one executed at first, as any other given in renewal thereof. [Ratified 2nd of January, 1847]

Chapter CLXII, Public and Private Laws of North Carolina,1846-47, North Carolina State Library.

In the 1850 census of Raleigh, Wake County: John Malone, 58, livery stable keeper, born Virginia; wife Cherry, 49, born NC; son Edmond, 30; plus Elisabeth Hinton, 22, Sarah J. Leary, 21, William Laws, 17, James Roe, 18, Bryant Smith, 14, Elijah Rollins, 9, Burtie Morgan, 11, Aribella Smith, 13, Virginia Somerville, 9, and James Harriss, 22.