17 | April | 2013 | Fourth Generation Inclusive

April 17, 2013

She shall be set free and taken care of.

In the Name of God Amen. I Abraham Bass of Nash County being of perfect mind and memory do this seventeenth day of June in the year of our Lord 1803 make and ordain this my last will and testament in manner an form following to wit:

Item: I give and bequeath to Ann Rose wife of Thomas Rose ten pounds current money.

Item: I give and bequeath to Ann Moore wife of Collum Moore Ten pounds current money.

Item: I give and bequeath to Charity Rogers daughter of Robert Rogers deceased ten pounds current money.

Item: I give and bequeath to Mourning Rogers daughter of Robert Rogers deceased ten pounds current money.

Item: I give and bequeath to Zona Rogers daughter of Robert Rogers, ten pounds current money.

Item: I give and bequeath to my grandson Jordan Bass one still.

Item: I give and bequeath to Thomas Hamilton one Negro woman named Little Rose also one blue chest.

Item: I give and bequeath to my daughter Elizabeth Bridgers one horse called Charlemain, one sadle and bride, and one bed and furniture her choice.

Item: My desire is that my Negro girl named Sylvia shall be set free and that Thomas Hamilton should have the care of her until she is twenty one years of age.

Item: My desire is that all the rest of my estate both real and personal not all ready given away to be sold and after paying the above legacys and debts to be equally divided between Elizabeth Bridgers and Zion Bass Heirs and John Bass Heirs in the following manner to wit: the one half of the whole of the sweeping legacy to Elizabeth Bridgers.

Item: The other half to be divided in the following manner between Jordan Bass, Polly Parker, Quinne Bass, Aldin Bass, Kitchen Bass, John Bass and Mourning Floyd.

Item: My will is that Polly Parker part of legacy shall be discretionary with my executors whether they pay her or not, until the expiration of six years.

Item: My will and desire is that if Fed Floyd husband of Mourning Floyd ever brings a lawsuit against my self or my executors for any part of my estate his part then to be only forty shillings and balance over and above the forty shillings to be for the use of supporting the said lawsuit.

Item: I constitute and appoint William Bridgers Jesse Bass and George Boddie executors to this my last will and testament and I pronounce this to be my last will and testament and no other. /s/ Abraham Bass

Signed sealed and published in the presents of us

D. Sills, Lucy Boddie

Will Book 1, Page 157, Office of Clerk of Superior Court, Nash County Courthouse.

1 Comment

April 17, 2013

Principles not generally understood; or, he is not a slave, you cannot flog him.

THE SUPERIOR COURT.

The Fall Term of the Superior Court for Rowan County, was held in this town week before last: Judge Badger presided. There were but two criminal cases tried at this term: on one which there was a conviction of grand larceny. – Lemuel Bealey was found guilty, and sentenced to receive 30 lashes; 15 of which he received on Monday after Superior Court, the other 15 to be given him on the week of our next County Court.

There was one case tried at this term, which involves principles perhaps not generally understood. Major Haskins, and others, were indicted for a misdemeanor, in flogging a free negro, for some mischief he had done. Maj. Haskins, it appears, procured two Justices of the Peace to authorize the infliction of the corporal punishment on the negro, supposing, no doubt, that the transaction would thereby be legalized. There is an old law of our state empowering Justices of the Peace to authorize the summary punishment of slaves, in cases of this kind; it was this law which led Maj. Haskins, and the Justices referred to, into the fatal error. The negro doubtless deserved punishing; but as he was free, the law knows no distinction between him and a white man. He should have been indicted, and brought into Court for trial, in the same manner that free white citizens are.

The jury found a verdict against the defendants of all that was charged in the indictment. Maj. Haskins was fined twelve hundred dollars; one of the justices 100, the other 100, and the constable who acted as executioner 10 shillings.

The negro David Valentine, has now commenced an action for damages against the plaintiffs in the above case. Western Carolinian.

Newbern Sentinel, 9 November 1822.

1 Comment

April 17, 2013

Horse-stealer sold for payment of fines.

Superior Court. – At the late September term of Orange Superior Court, Judge DICK presiding, there was an unsual amount of business on the criminal docket to be disposed of. There were three convictions for Grand Larceny; two white men, and a free negro, whose trial was removed from Granville to this county.

Moses T. Hopkins, (alias Thomas Jones, and a half dozen other aliases,) a white man from Virginia, was convicted of stealing a Horse, and having prayed for the benefit of clergy, was sentenced by the Court to receive of clergy, was sentenced by the Court to receive thirty-nine lashes immediately, to remain in prison until Tuesday of November court, when he is again to receive thirty-nine, and then be discharged according to law. He has also been indicted fir Bigamy, and is a notorious offender.

Green Morrow, a white man, convicted of stealing money, was sentenced to receive thirty-nine lashes, and be discharged according to law.

John Mitchell, a free negro, convicted of stealing a Horse, was sentenced to pay a fine of sixty dollars, and to be sold for the payment of the fine and costs.

The remainder of the cases tried were for misdemeanors; and most of them originated, as is generally the case, in intemperance.

Hillsborough Recorder, 18 September 1845.