Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: June, 2013

June 28, 2013

He is a free boy of colour.

This is to certify that Simeon is a free boy of colour son of Alson Brothers & Favourite his wife given under my hand and seal Dec 13th 1841   E.L. Hinton JP

Slave Records, Pasquotank County Records, North Carolina State Archives.

In the 1850 census of Camden County: Alson Brothers, 62, farmer, and wife Farvur, 60, both of Pasquotank County, with children James, 17, John, 15, Milly, 13, and Lucy, 11, all born in Camden County. In the 1860 census of Camden County: Simeon Brothers, 30, “insane,” in the household of Martha Thornton.

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June 27, 2013

Rather than trust his client’s color before the jury …

Wm. W. Johnson v. Peter G. Basquere, Justice, and others, Freeholders, and Thomas Miller v. Boon, Tax Collector of St. Paul’s, and Rice, Sheriff, 28 S.C.L. 329 (1843).

The South Carolina Court of Appeals heard these cases on the issue of whether, where a “narrator” has argued that he is “entitled to occupy in society the status of a free white man,” he can discontinue proceedings by motion for non-suit or leave of court before publication of the verdict.

In Johnson v. Basquere, the narrator, who was about to be tried as a free person of color, filed a declaration in prohibition alleging that he “had a right to occupy in society the status of a free white man of South Carolina.”  The defendants denied that he was a free white man, and the issue was put to a jury. “Much evidence was offered on both sides. Many witnesses on the part of the narrator, said that he was received in society, and regarded as a free white man, whilst witnesses on the part of defendants, testified that his great grand-mother, by the mother’s side, was a mulatto. The case was submitted to the jury, after full argument and a fair trial. When the jury returned to the court room, the foreman stepped to the clerk’s desk to write his verdict, and when he was about to deliver the record to the clerk, a motion was made to poll the jury, which the presiding Judge refused.” The narrator’s counsel –suspecting an unfavorable verdict –  then moved to discontinue the proceeding without publishing the verdict. This motion was granted.

Johnson was in court, “and had the appearance of a white man. He had been a member of a volunteer company, and had voted at the general election for members of the Legislature. There was no question but what his lineage on his father’s side, was that of white, and rather respectable people. His mother, Mary, was the daughter of one Nancy Patrick, formerly Nancy Miller. [Mr.] Patrick, who had married Nancy, was regarded a colored man, and Mary was born in wedlock; but several witnesses said Patrick never claimed her, and that her mother said she was the child of an Irish schoolmaster, Ellis, living in the neighborhood at the time she was begotten and born, and she was so generally regarded. Nancy Miller’s father was a white man, who married Elizabeth Tan,” Johnson’s great-grandmother. “Elizabeth Tan was a colored woman, with thick skin and long hair; and from what came out in another case, she was originally from North Carolina, and claimed to be an Egyptian.”

In Miller v. Boon, the question was whether the narrator “was subject to a poll tax imposed on free persons of color, of African origin and taint; or whether he was entitled to occupy the position of a free white man.” In an earlier matter, a judge had held that the narrator, Isaac Winningham, and his wife Rachel,“were not subject to be taxed as free persons of African origin, but that they were exempt from such a tax, as the descendants of Egyptians.” Winningham’s counsel argued that this decision ruled and rested his case. The solicitor then called Winningham into court – “and his appearance was that of a mulatto. At this stage of the proceedings, and perhaps when the Solicitor was about calling witnesses to shew that narrator was a mulatto, the counsel for narrator moved to discontinue his proceeding, preferring to rely on the [earlier] judgment …, rather than to trust to his client’s color, before the jury. The presiding Judge granted the motion.”

The court of appeals determined that both parties to the action are voluntary and entitled to stop proceedings to take a more prudent course. Decisions upheld.

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June 27, 2013

Her brother has the deed, unless he destroyed it.

State of North Carolina, To the Sheriff if Wayne County   } Greeting – You are commanded to summon Wm. Burnett to be and appear before the Judge of Probate of Wayne County at the Court House in Goldsboro on Friday the 17th day of September 1875 at 11 A.M. and testify under oath, upon the hearing of a motion now pending in the Probate Court of said County, made by Mary Lynch Ex parte – And also to bring with him the said Wm Burnett and produce at the time and place aforesaid a certain deed or paper writing executed by the late Wm Smith to the late Himerick Lynch, conveying to the said Lynch a lot of land in the town of Goldsboro, at the Southwestern corner of West Centre and Elm Streets – or conveying to him an interest [illegible] – And that he also bring and produce as aforesaid any paper in his possession relating to said land or the title of the said Lynch thereto. Herein fail not under the penalty prescribed by law.

Witness W.T. Yelverton Judge of Probate for Wayne County the 16th day of September 1845. /s/ W.T. Yelverton Probate Judge

—–

North Carolina, Wayne County   }

Mary Lynch Ex parte } In the Probate Court

Mary Lynch swears that she is the widow of Himerick Lynch deceased, who died during the year 1865 seized of a lot of land in Goldsboro on the Southwestern Corner of West Center and Elm Streets which had been conveyed to him by Wm. Smith now decesed – that before the death of the said Himerick he had left said deed in the hands of Wm Burnett, who now has the same in possession if it has not been destroyed. Affiant further swears that she has never had dower, or homestead assigned to her out of said land or any other land of the said Himerick Lynch and that she is advised that she is entitled thereto, and has an interest in said land, and that said deed has never been proven and Registered.  Mary X Lynch

Sworn to before me Sept 16th 1875 W.T. Yelverton

Estate Records, Wayne County Records, North Carolina State Archives.

In the 1850 census of North Side of Neuse, Wayne County: Himerick Lench, 32, painter, wife Mary, 32, and Susan Burnet, 10.

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June 27, 2013

Striebinger House.

Image“For many years he was proprietor of the barber shop under the Striebinger House and also of one on Ontario street.”

— Obituary of Moses Simmons, Cleveland Leader, 29 January 1900.

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June 26, 2013

He was business first, last and all the time.

State Fair Entries.

The following are some of the entries in the First Department:

THOROUGHBREDS.

…

Moses Simmons, Cleveland, Gelding “Frank Greyson.”

…

Plain Dealer, Cleveland OH, 11 September 1863.

———-

WAS BORN A SLAVE

And Freed by His Master Half a Century Ago.

MOSES SIMMONS’ CAREER.

CAME TO CLEVELAND PENNILESS AND AMASSED A FORTUNE.

SHREWDNESS AND THRIFT

POSSESSED BY HIM, THOUGH HIS EDUCATION WAS LIMITED.

Earned His First Money by Cleaning Horses at Ten Cents a Head – A Member of Several Fraternal Organizations.

For forty-eight years the face of Moses Simmons, who died Saturday, was a familiar one in this city. “Mose,” as he was familiarly known, was a unique character. And well known in the public places of the city, partly on account of his portly figure and partly because of his genial disposition. He had the ability to make money. He was business first, last, and all the time.

Born a slave and held in slavery until twenty-nine years of age, when in a sudden burst of generosity his master freed him, Simmons was compelled to LOOK OUT FOR HIMSELF. So well did he learn the lesson of self-dependency that his fortune at the time of death is estimated at anywhere from $20,000 to $70,000. He was extremely reticent about his business affairs and made a confidant of no one. It is known that he owned valuable real residence property on Laurel street near Scovill avenue and also an interest in several fast horses. He was a lover of horseflesh and always owned one or more high steppers.

“Mose” Simmons was seventy-eight years of age when he died. He was born in Mount Olive, N.C., on the plantation of a man named Richards. His master sustained a reverse of fortune and “Mose” with the rest of the slaves on the place was sold to a trader. He had been a great favorite of his master, and the latter, as soon as he could secure enough money to purchase his former slave again, did so. Mr. Richards brought “Mose” to Philadelphia when the latter was twenty-nine years of age. In that city the spirit of abolition was becoming more and more pronounced and Mr. Richards freed him. Fearing that his master might repent of the generous deed, Moses determined to take advantage of his liberty and secretly left the Quaker City. He came direct to this city. On his arrival he found himself without means and very hungry. For days he wandered about the city and in search of food. He often told his friends of later days of standing near the kitchen of the late “Joe” Richards’ restaurant AND BEGGING FOOD.

He secured work at last in a stable on Academy street cleaning horses at ten cents per head. This was his beginning. By untiring industry and careful frugality he succeeded in making himself comfortable. He was naturally shrewd and possessed with an intelligence which made up in great part for his lack of a school education. He delighted to discuss politics and became a representative of his race in local affairs. He was appointed inspector of catch basins under Mayor Gardner’s administration.

As a horse trader Simmons was known all over the city and his bargains were always reported to work to his own advantage. He engaged in the saloon business on Michigan street for a time but abandoned it, as he found it contrary to his inclinations. For many years he was proprietor of the barber shop under the Striebinger House and also of one on Ontario street. Fortune smiled on him and he became a money lender for the colored people of the city. He also was known as a professional bondsman. At the time of his death he lived alone at No. 423 Erie street, where he had a small barber shop and also conducted a coal business. Although twice married, he was destitute of near relatives. For the last eleven years of his life he referred to live alone, becoming almost a recluse, raking interest only in his business affairs. His only deviation from this rule was to attend to the meetings of several lodges of which he was a member. He belonged to the colored Odd Fellows, Masons, and Knights of Pythias. In the colored Masonic fraternity he had taken thirty-two degrees. He belonged to the rank of the colored Knights of Pythias.

His last sickness was a few weeks’ duration, but it was only a week ago that he was unable to leave his bed. He shared his bachelor home with a young man, Fred Dixon by name, whose father had been Simmons’ intimate associate. It was in Dixon’s arms that he died. Mrs. Eliza Bryant, of no. 23 Newton street, and Miss Effie Simmons, of No. 16 Waller street, are his only known relatives. The funeral will be conducted from the undertaking rooms of Black & Wright Wednesday afternoon under the auspices of the fraternal organizations with which he was intimately connected.

Cleveland Leader, 29 January 1900.

———-

HACKED WITH A KNIFE.

MOSES SIMMONS’ HORSE ALMOST CUT TO PIECES.

The Owner Was Dying When His Barn Was Entered and the Animal Wounded.

A cowardly brute Saturday night, evidently in a spirit of revenge, went to the barn of the late Moses Simmons, of No. 458 Erie street, and cut and hacked a brood mare in a horrible manner.

Saturday night Moses Simmons died at his home. It was later than usual before any member of the family entered the stable to care for the horses. When Fred Dixon, a young man who lived with Simmons, opened the stable door yesterday morning, he heard one of the horses moaning. He hurried to the stall of the favorite horse, a large gray brood mare. She was lying in a pool of blood and was bleeding from many wounds.

Some time during the night some one entered the barn and with a large knife cut and slashed the horse Her hide and flesh were laid open nearly to the ribs on one side, and there were deep cuts all over her body.

Patrolman Kiel was called and was asked to shoot the animal, as she was suffering intense agony. The mare had been a pet and favorite of Simmons for some year.

No reason for this dastardly deed is known. The police will try to locate the brute who committed the crime.

Cleveland Leader, 29 January 1900.

———-

Legal Notice.

STATE OF OHIO, CUYAHOGA COUNTY, ss.  } In the Probate Court

Charles Bundy, as Administrator of the estate of Moses Simmons, deceased. } Plaintiff.

vs.

The Society for Savings, Maria Thompson and the Unknown heirs of Henry Simmons, of David Simmons and of Ferrebe Greenfield, respectively, deceased.  } Defendants.

Maria Thompson, who resides at Goldsboro in Wayne county, North Carolina, and the unknown heirs of Henry Simmons, of David Simmons, of George Simmons, and of Ferrebe Greenfield, respectively, deceased, heirs at law of Moses Simmons, deceased, will take notice that Charles Bundy, as administrator of the estate of Moses Simmons, deceased, on the ninth day of March, A.D., 1900, filed his petition in the Probate Court within and for the County of Cuyahoga, and State of Ohio, alleging that the personal estate of said decedent is insufficient to pay his debts and the charges of administering his estate; that he died seized in fee simple of the following described real estate, situate in the City of Cleveland, County of Cuyahoga, and State of Ohio, to-wit: — known as being all of the sub-lots Nos. 104 and 105 in James M. Hoyt’s sub-division of ten-acre lot No. 37 in said city, and together makes a frontage of 30 feet upon the westerly line of Sterling avenue, and extends in rear to Laurel street 148 and 3/12 feet in depth. That the said defendant, the Society of Savings, holds a mortgage lien on said real estate by virtue of a certain mortgage executed to it as mortgagee by the said decedent during his life time, dated November 4, 1894, and recorded in Vol. 959, page 509, of Cuyahoga County records, that the amount recurred by said mortgage is Five Hundred Dollars, as indicated in exhibit “A,” attached to said petition. That the last half of the taxes for 1899 are unpaid and are alien on said real estate. That it would be for the best interests of the estate of the said Moses Simmons to sell said real estate at private sale for the reason that the character and location of said property leads plaintiff to believe that he could sell the same for greater sum at private sale than at public auction.

The prayer of said petition is that the plaintiff may be authorized to see said real estate to pay debts at a private sale, according to the statute in such case made and provided.

The persons first above mentioned will further take notice that they have been made parties defendant to said petition, and that they are required to answer the same on or before the 12th day of May, A.D. 1900.    CHAS. BUNDY, Administrator as aforesaid.

March 9, 1900.     ALEX. H. MARTIN, Attorney.

[Sidenote:  The biography set forth in Moses Simmons’ obituary is peculiar in many particulars. First, his age is given as 78, though his death certificate lists it as 66. (An age within 0-5 years of those reported in census records.) Most startling, however, is the elaborate account of his alleged enslavement until age 29. Richards is an uncommon name in the Mount Olive area, and none appear in the 1840, 1850 or 1860 censuses of Wayne or Duplin County. That Moses was related to the large Simmons free family of color of Wayne County does not guarantee that he, too, was free, but all evidence indicates that in fact he was. He is listed in the 1850 census as an 18 year-old living in the household of Adam Winn in North Division, Duplin County. He was the son of Itey (or Ida) Simmons, who was free at least as early as 1854, when her son David conveyed to her a life estate in the land on which she was living. (Itey named David and Moses Simmons in her 1884 will – noting that she did not know if Moses were living – as well as the Maria Thompson named in Moses’ estate notice.) His kin Polly, Eliza and Buckner Simmons arrived in Cleveland in the early 1850s. Did he come with them? Why the myth of servitude? (And, speaking of myths, what happened to the fortune he was believed to have accumulated?)

P.S. Moses Simmons appears in dozens and dozens of Cleveland newspaper articles between 1863 and his death in 1900, with topics spanning his real estate and business dealings, his political maneuverings, his horses and his legal wrangling. Highlights: in 1877, an announcement for his bailbonding business; the same year, a notice that he was seeking divorce from wife Rettie, who had abandoned him; in 1884, an announcement for the opening of his tonsorial parlor; and in 1892, a report about a fire at his livery stable. – LYH]

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June 26, 2013

Guilty of cohabitation with a slave.

State v. Zadock Roland, 28 N.C. 241 (1846).

At the Spring Term, 1844, of Guilford County Superior Court, Zadock Roland, a free negro, was found guilty of living and co-habiting with a female slave named Peggy, the property of George Albright.  Two years later, at Spring Term 1846, Roland came into court for judgment. He “resisted the motion, because, as he then said, the master of the slave Peggy had originally given his consent to their marriage and co-habitation.” If true, Roland should have been found not guilty. However, he did not raise the defense at trial and raising it post-conviction was too late. Judgment affirmed.  

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June 26, 2013

He has accumulated $6000 in livestock, negroes and money, and he petitions for freedom.

To the Honorable The General Assembly – of North Carolina –

The petition of Ned Hyman (a slave) humbly complaining sheweth unto The Honorable The General Assembly aforesaid, that your petitioner now residing in the Town Williamston in the County of Martin & state aforesd, and by occupation a farmer — was born some fifty four or five years ago the property & slave of one Jno. Hyman of Bertie County, that sd Master Saml., that after sd Master Saml., in whose possession and under whose control and management your petitioner lived and served from the time up to the death of sd Master Saml — which happened some time in the year 1828 — Since that time your petitioner with little exception has been under the control of the Executor of his sd decd. Master. Your petitioner would further state, that during his long period and through every change of Master or service your petitioner has been a faithful and an honest servant to the interest of him or her whom it was his duty to serve — and of this he hopes he can give the most satisfactory testimonials. Your petitioner would further state that some time about his Twenty-seventh year he intermarried with one Elizabeth Hagans a free woman of Colour with whom he has lived in friendship and harmony with little or no exception ever since; (and although your petitioner has been informed that the sd union or marriage did not constitute your petitioner & sd Elizabeth “husband & wife” in the Legal acceptation of that phrase — yet your humble petitioner would ask the indulgence of your Honorable body and hope that it will not be considered at all presuming, to use these words, through out the remainder of this petition and the other writings accompanying it, when ever there may be necessity for them or either of them, instead of words — of like import –) Your petitioner would further state, that through the indulgence and advantages which his kind & benevolent master extended to him, aided by his industry prudence and frugality and seconded by the virtues and exertions on the part of your petitioners wife — Elizabeth, (not less profitable,) your petitioner has had the good fortune to accumulate an estate worth from five to six thousand dollars; consisting of lands chiefly live stock negroes and money, the right & title to all which except the money is vested in your petitioners wife Elizabeth — Your petitioner would further state that it was the wish of his decd Master Saml. Hyman expressed to his family often times during his last illness that your petitioner after his death should do service as a slave to no person — but that as far as was consistent with the Laws of the State he wished him to be free — alleging as the reasons, that your petitioner had been a trusty faithful and obedient servant to him through a long period of years; that your petitioner would further state that in furtherance of this kind and benevolent wish of your petitioners decd Master for your petitioners future freedom and happiness, his Executor Jno. S. Bryan has (At your petitioners request) sold your petitioner to your petitioners sd wife Elizabeth. — that your petitioner by his sd. wife Elizabeth has three children Penny, Sarah, and Ned — the two daughters are of full age, the son nearly so — that your petitioner has been informed that by, either the death of his sd wife Elizabeth or a change in her feelings or disposition towards your petitioner, your petitioner might not only lose his whole estate but even that portion of freedom and happiness, which by the kindness of his wife he is now permitted to enjoy. But your petitioner in justice to his kind and affectionate wife Elizabeth would further state, that she is not disposed at all to abridge in the least degree the liberty or happiness of your petitioner but wishes and desires (if consistent with the will of the Honorable The Genl. Assembly aforsd) that the same may be inlarged & increased — that she is therefore perfectly willing and anxiously desires to give up her sd title to your petitioner to the Honorable Genl. Assembly aforesaid that they may confer the same (by an act of manumission) to gether with such other liberties and privileges & immunities as other free persons of Colour now by law enjoys, — upon your petitioner — that to this end & for this purpose the sd Elizabeth the wife of your petitioner will unite with your petitioner in praying The Honorable Genl. Assembly aforesad — that they would take his case into consideration and to pass such an act in favor of your petitioners manumission they as they in their wisdom may deem meet and proper — that in Confirmation of the sd Elizabeths sincerity in this prayer and request she will most willingly Sign this petition with your petitioner — Your petitioner considers that further enlarging might be trespassing too much upon the time of The Honorable the Gen. Assembly aforesaid — But in conclusion however your petitioner would further stat that from this facts already stated it must be apparent in what an unpleasant and grievous situation your petitioner is placed — He has by laboring of in the nights and as such other spare times as his master would give him and by his prudence and frugality acquired an estate which (Say nothing of the uncertainties of life) he has not the assurance of enjoying even for a day — that he in a single hour might be placed in a worse condition than the day he began his life — that your petitioner has by his faithfulness and extraordinary attention to his masters business and interest secured his esteem and favor and obtained his sincere wishes that your petitioner should be freed — & the nearest your petitioner has been able to approach an end so desirable to his decd Master, is, to have your petitioner vested in your petitioners sd wife Elizabeth — that it must be evident to the Honorable The Genl. Assemble from these facts in what a precarious condition, stand the property, the liberty and [e]ven the happiness itself of your petitioner — Your petitioner together with his wife Elizabeth therefore pray the Genl. Assembly aforsd in tender consideration of his unhappy and grievous condition to pass such an act for his benefit and relief, as in their wisdom may seem meet & in their justice may seem right & proper & your humble petitioners is in duty bound will ever pray &c   Ned X Hyman, Elizabeth X Hagans

Test Wm. B. Bennett, E.S. Smithwick

 

 

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June 24, 2013

An act to emancipate Ned Hyman.

An Act to emancipate Ned Hyman, a slave

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 Ned Hyman, a slave belonging to Elizabeth Hagans, of Martin county, is hereby with the consent and at the request of his said owner, emancipated and set free; and by the name of Ned Hyman, shall hereafter possess and exercise all the rights and privileges which are enjoyed by other free persons of color within this State: Provided, nevertheless, that before such slave shall be emancipated, the petitioner shall give bond and good security to the Governor and his successors in office, in the County Court of Martin county, that the said slave shall honestly and correctly demean himself as long as he shall remain in the State, and shall not become a parish charge; which bond may be sued upon in the name of the Governor for the time being, to the use of the parish and of any person injured by the malconduct of such slave.

Chapter CIX, Public and Private Laws of North Carolina, 1833-34, North Carolina State Library.

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June 24, 2013

It did not make a slave of Mills.

John A. Philips v. Patrick Murphy, Adm’r, 49 NC 4 (1856).

This action arose in Cumberland Superior Court.

Robert Mills, a free man of color, entered into this written contract with Louis A. Nixon:

“Know all men by these presents, that I, Robert Mills, for and in consideration of sixty dollars, to me in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell unto Louis A. Nixon, his executors and assigns, my active services, as a servant, for the full and entire term of five years, and the full and entire control of my person and labor during that entire time.”

Nixon died, and his administrator entered into a contract with plaintiff Phillips: “Six months after date, we, or either of us, promise to pay Charles D. Nixon, administrator of Louis A. Nixon, or order, the sum of one hundred and twenty-five dollars for value received, in hire of a certain negro, Robert Mills, for the term of four years, or so long as Louis A. Nixon was entitled to the services of the said negro.” Phillips then put Mills “against his consent … into the possession of” a Barksdale.”

The suit contended that this bond was void as being against the policy of the law because “no man could sell himself into a state of slavery …” The Court disagreed, stating, “There is nothing in the transaction against the policy of the law. The legal effect of the deed executed by Mills to Nixon, was not to make a slave of Mills, or in any way vest in Nixon a title to him as property, but simply to give Nixon a right to his service for five years, upon an executory agreement, for a breach whereof an action of covenant would lie. The fact, that Mills is a free negro, makes no difference, for a white man may bind himself in the same manner. Indeed, it is common in some portions of the State, for white men to hire themselves during crop time, or for a year. The peculiarity about this contract is, that it is for five years, and is extended, by express words, to the assigns of Nixon. …”

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June 24, 2013

The poor fellow is an orderly and honest seaman.

To the Worshipfull the Justices of Perq’s County Court Now Siting

The Petition of the Subscribers in Behalf of a Certain Negro Man Named James formerly the Property of Thomas Newby of the County Aforesaid Humbly Sheweth That some time in the Year 1776 the said Thomas Newby Manumited the said Negro Man James, that since that the Greater Part of his time he has been Employed as a Seaman, and has made Several Voyages from this State & Virginia in the time of the Last War, and that he has Twice, or more been made Prisoner by the British, That he Embraced the Earliest Opportunity in Making his Escape to Return to this Country being the place of his Nativity, where he has a Wife & Children, That once during the War between America & Great Britain he Entered himself onboard of one of the American armed Vessels, That during the Time of his Servitude with his said Master, he behaved himself as a faithfull Servant, and Rendered his Master great Services as a Seaman, and that since his freedom we have reasons to Believe he has Continued to behave Orderly and Honest. We are therefore willing to hope that on your Worships Maturely considering and Weighing every particular, you will be of opinion that the Poor fellow is Intitled to some small share of Merrit, If that should be your worships Opinion. We earnestly Solicit (in the poor fellow behalf) that you Will permit an Entry to be made on the Minutes of your Court allowing the Fellow to have done Something Meritorious, and for that Reason you will give a Sanction to his freedom, that he may with Safety Visit his Wife and Children, when It will be in his Power to Render further Services to this State, as an able Seaman, & Your Petitioners Shall ever pray &c   /s/ Thos. Newby [and nine others]

[Granted.]

Slave Records, Perquimans County Records, North Carolina State Archives.

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