Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color
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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June 24, 2013

She was delivered of a colored child.

To the Hon’bl the General Assembly of the State of North Carolina –

The memorial and petition of John Fugate of the County of Wilkes respectfully represents that he intermarried with one Patsey Johnson on the 8th day of May 1823, and that on the 8th day of the ensuing July the said Patsey was delivered of a coloured child – That at the time of the intermarriage of your petitioner, he had no knowledge of the pregnancy of the said Patsey, and that as soon as the facts came to his knowledge, and the child was discovered to be a coloured one, he immediately abandoned the said Patsey, and has had no kind of connection with her since – Your Petitioner further represents that he is extremely poor and not able to make application to the Superior Court for relief, even if his case was cognizable by that authority, of which he is informed there are some doubts – He therefore prays that your Honorable Body will take his case into consideration and pass an act absolving him from the bonds of matrimony with the said Patsey, and he as in duty bound will ever pray.   /s/ John Fugate Dec’r 20th 1826

[A supporting affidavit signed by 14 friends and neighbors is attached.]

General Assembly Session Records, December 1826-February 1827, Box 4, North Carolina State Archives.

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June 24, 2013

The prisoner escaped; the question is moot.

The State v. George, a free negro, 1 NC 62 (1794).

The issue: Whether a slave could testify as a witness against a free negro.

The decision of the Superior Court of Law and Equity: “Mr. Solicitor General Jones had drawn a bill of indictment for burglary against the defendant: and at the moment it was about to be sent to the grand jury, and the book was handed to the witnesses:

Martin called the attention of the Court to the table: observing that one of the witnesses about to be sworn, was a negro slave; that although the defendant was a negro, yet, he being a free man, it was perhaps improper that a slave should testify against him.

McCoy, J. [Ashe, J., tacente.]

If there be anything in the objection, the Court will attend to it at the trial.

The slave was sworn, and the bill was found. The prisoner being arraigned, pleaded not guilty; but made his escape before the day assigned for his trial.”

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June 24, 2013

I have known them about forty years.

This is to certify that Negrow Lucy Delilah Betsey & Mary are the daughters of Betsey Thompson which I have known her and mother Sally for about forty years to be free dated September 28th 1830  /s/ Lovey Sawyer

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

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June 24, 2013

An equal share being $8.75.

State of N. Carolina, Warren County   }

In obedience to an order to us directed from the worshipful the County Court of Warren November Term 1844, we the undersigned commissioners appointed to divide the lands of Matthew Evans Dec’d have divided the same according to the prayer of the Petitioners in the following manner to wit, Lot No 1 drawn by Fanney Toney containing seven Acres valued $1.50 cts per Acre making the sum of $10.50 his Equal Share being $8.75 he is to pay to Lot No 2 $ 1.75 cts the Boundary of which can be seen by refference to the surveyors report.

Lot 2 Drawn by Moses Evans containing seven Acres valued at $7 his equal share being $8.75 he is to receive from Lot No 1 $1.75 the boundary of which can be seen by refference to the surveyors report.

Lot No 3 Drawn by Isaac Evans and containing seven Acres valued at $1.25 cts per Acre making the sum of $8.75 which is his equal share the Boundary of which can be seen by refference to the surveyors report.

Lot No 4 Drawn by Henry Evans valued at $1.25 cts per Acre and containing seven Acres making the sum of $8.75 which is his equal Share.

Lot No 5 Drawn by Crecy Green and valued at $1.50 cts per Acre and containing seven Acres making the sum of $10.50 his equal share being $8.75 cts he is to pay to Lot 7 $1.75 the Bound of which can be seen by referance to the surveyors report.

Lot No 6 Drawn by Nancy Green and valued at $1.50 cts per Acre and containing seven Acres making the sum of ten dollars and fifty cents She is to pay to Lot No 8 one dollar and seventy five cents her equal share being only eight dollars and seventy five cents.

Lot No 7 Drawn by Cely Toney and valued at One dollar per Acre making the sum of seven dollars her equal share being eight dollars and seventy five cents. She is to receive from Lot No 5 one dollar and seventy five cents the Boundary of which can be seen by referance to the surveyors report.

Lot No 8 drawn by Patience Martial and valued at one dollar per Acre making the sum of seven dollars his equal share being eight dollars and seventy five cents. He is to receive from Lot No 6 one dollar and seventy five cents the Boundary of which can be seen by referance to the surveyors report.

All of which is respectfully submitted.   /s/ W. C. Williams, Miles Bobbitt, David D. W. Dowtin

Estate Records, Warren County, North Carolina State Archives.

In the 1850 census of Warren County: Isac Evans, 45, farmer, wife Winny, 44, and children Isac Jr., 21, Mathew, 17, Drucilla, 16, Henry, 13, Crockette, 10, Winny, 9, Elizabeth, 8, Doctor, 6, Nancy, 5, and Moses Evans, 2. Also, Allen Green, 60, Pitts Green, 15, Creasy Green, 55, and John Green, 4. In Warrenton, Warren County: James Green, 73, painter, wife Nancy, 53, and son James, Jr., 15.

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