Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: June, 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.

The prisoner escaped; the question is moot.

The State v. George, a free negro1 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.”

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.

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.

He stopped and labored among them.

Evans, Henry. – Founder of a Methodist Church in Fayetteville, N.C. About the close of the eighteenth century, Henry Evans, a free Negro from Virginia, on his way to Charleston, S.C., to practice the trade of shoe-making, chanced to stop at Fayetteville. He was a licensed local Methodist preacher. He was so impressed with the condition of the colored people that he decided to stop and labor among them. This he did, working at his trade during the week, and preaching on Sunday. The town council ordered him to stop preaching. The meetings were held in secret. At length, the white people became interested in the meetings and began to attend them, and a regular Methodist Church was established. Although a white minister was in the course of time sent to take charge of the congregation, Evans was not displaced. A room was built for him in the church, and there he remained till his death in 1810.

Monroe N. Work, Negro Year Book and Annual Encyclopedia of the Negro (1912).

From father to sons.

Waddle Cade to George W. Chesnut & Andrew J. Chesnut

This Indenture, made this Sixth day of June in the year of our Lord One thousand eight hundred and thirty six between Waddle Cade of the County of Cumberland and town of Fayetteville in the State of North Carolina of the one part, and George Washington Chesnut and Andrew Jackson Chesnut of the County of Cumberland and State of aforesaid, of the other part: Witnesseth, that the said Waddle Cade for in consideration of the Sum of Twenty dollars to him in hand paid by the said George Washington & Andrew Jackson Chesnut at and before the sealing and delivering of these presents, the receipt whereof he doth hereby acknowledge, hath given, granted and bargained, sold, aliened, remised, released and confirmed, and doth by these presents, give, grant, bargain and sell, alien, remise, release and confirm unto the said George Washington Chesnut and Andrew Jackson Chesnut all that tract or parcel of Land Situate, lying and being in the County of Cumberland and town of Fayetteville. Beginning at a Stone on the Intersection of Morgan & Russell Streets [insert illegible] North Seventy degrees West along the North edge of Russell Street two chains to a Stone Mordica Cohens South East corner, Thence along said Cohens last line North twenty degrees East five chains more or less to a Stake half the distance from Russell to Person Street thence South seventy degrees East along the dividing line of Goodorum Davis’ Say that part of the two acres lot drawn by Thomas Davis Junr. Two chains to a Stone on the West side of Morgan Street half the distance as stated above then South twenty degrees West five chains more or less with said Street to the Beginning containing One acre more or less being the one half of a Lot containing two acres drawn by Thomas D. Burch at the division of Dolphin Davis Estate reference to the Records will more fully appear. – To have and to hold the said land, with appurtenances, to the only proper use, behoof and benefit of the said George Washington Chesnut and Andrew Jackson Chesnnut their heirs and assigns, and every of them shall have hold occupy, possess and enjoy the said land, with its appurtenances, without any let, suit, hindrance, molestation, or eviction from or by the lawful claim or claims of any person or persons whatsoever, to warrant and forever defend. – In Witness whereof, the said Waddle Cade has hereunto set his hand and affixed his seal the day and year first above written. – Waddle Cade {seal}

Sealed & delivered in presence of Archd. N. McLean, Neal Shaw

State of North Carolina, Cumberland County  } Court of Pleas & Quarter Sessions June Term 1836 – then was the Execution of this Deed acknowledged in Open Court by Waddle Cade & Ordered to be Registered. Test Arch’d McLean Jr. Clk.

Deed Book 41, Page 398, Register of Deeds Office, Cumberland County Courthouse, Fayetteville.

A widow is denied.

WIDOW’S APPLICATION FOR PENSION

STATE OF NORTH CAROLINA, COUNTY OF SAMPSON  }

On this 25th day of March, A.D. 1924, personally appeared before me W.F. Semour, C.S.C. in and for the State and County aforesaid, Edith Bizzell, age 68 years, and a resident at Clinton post-office, in said County and State, and who, being duly sworn, makes the following declaration in order to obtain the pension under the provisions of an act entitled “An act to amend and consolidate the pension laws of the State of North Carolina,“ ratified March 8, 1921: That she is the widow of Agrippe Bizzell who enlisted in Company A, 30 Regiment, N.C. State Troops, on or about the [blank] day of April, 1863, to serve in the armies of the late Confederate States.

She further states:

That she was married to the said Soldier or Sailor before the first day of January, 1880;

That she is now a widow, and has been for twelve months immediately preceding this Application for pension a bona fide resident of North Carolina;

That she holds no office under the United States, or any State or County, from which she is receiving the sum of three hundred dollars as fees or as salary annually;

That she is not worth in his own right, or the right of her late husband, property at its assessed value for taxation to the amount of two thousand dollars ($2,000), nor has she disposed of property of such value by gift or voluntary conveyance since the 11th of March, 1885;

That she is not receiving any aid from the State of North Carolina or under any other statue providing for the relief of the maimed and blind soldiers of the State.

“My husband died in August 1918. I am now old and cant work but very little.” /s/ Edith X Bizzell

Sworn and subscribed to before me, this 25th day of March, 1924.  /s/ W.F. Semour

Also personally appeared before me Milton Holmes, who resides at Clinton postoffice, in said County and State, a person whom I know to be respectable and entitled to credit, and being by me duly sworn, says he acquainted with Edith Bizzell, the widow of the late Agrippe Bizzell of Company A, 30th Regiment, North Carolina State Troops, and that they  believe her to be the identical person she represents herself to be, and that the facts set forth in this affidavit are correct to the best of his knowledge and belief, and that he has no interest, direct or indirect, in this claim. /s/ Milton X Holmes

Sworn and subscribed to before me, this 25th day of March, 1924.  /s/ W.F. Semour

[Disallowed “No Provision for Slaves.” “This applicant is the widow of a Negro Slave who served as stated upon the order of his master, and the same is approved subject to the law as it may apply to such cases.”]

From the file of Agrippe Bizzell, North Carolina, Confederate Soldiers and Widows Pension Applications, 1885-1953, http://FamilySearch.org. Original, North Carolina State Archives.

[Sidenote: In fact, Agrippa Bizzell had been a free man of color. — LYH]

A memorial of sundry citizens on behalf of Britton Jones.

To the Honorable the General Assembly of North Carolina now in Session –

The undersigned memorialist respectfully represent to your honourable body that Britton Jones, a free man of colour was born and raised; and continued to reside until he was about thirty years old in Bertie County and that up to the time he left the same he sustained a good character. Your memorialists further shew that in Janry of 1829 his wife, who is a slave was carried together with his children to the State of Alabama, by her owner; and then continued until 1832 when she was brought back to the State of North Carolina – They further shew that the said Britton, in consequence, as your memorialists believe, of the removal of his wife and children; also went to the State of Alabama, and then continued until he was subjected to the provisions of an Act of Assembly prohibiting the emigration of free persons of colour. Under these circumstances your memorialists consider that it is a case of peculiar hardship and respectfully pray your honourable body to pass an act exempting said Britton Jones from the provisions of the act aforesaid – and your memorialists will ever pray &c.  /s/ Dav: Outlaw, George A. Askew, Elijah Rayner, D.W. Stone, J.S. Taylor, David Ryan, M.C. Ryan, Geo. B. Outlaw, Jos. B.G. Roulhac, J.P. Roulhac, Turner Carter, Stephen Bazmore, Thos. Spiller, S.J. Webb, Mo. Ramsey, W. Blanchard, E.A. Rhodes, John Raymond, John D. Thurston, G. W[illegible], James G. MLoon, Th. Ruffin, A.W. Mebane, Lewis Bond, Jas. P. Jones, Wm. W. Cherry, Wm. B. Forsyth.

—–

The Committee on Propositions and Greviances to which was referred the Petition of Britton Jones praying that he might be exempted from the penalty incurred by him under the act of 1826 prohibiting emigration into this state of free persons of colour having considered the subject

Report

That it appears evidence before them that the said Britton Jones a free man of colour was born and raised in County of Bertie that he resided in the said county untill he arrived to the age of thirty supporting a character for industry and honesty. That in the year 1829 he was married to a negro woman slave and by her had several children – That in the year 1829 the owner of the wife moved to the state of Alabama carrying her and children with him – that said Jones from feelings of attachment to his said wife & children followed them to Alabama.  That they remained in said state up to the year 1832 when the owner of his wife returning back to Bertie with his wife and children.  Jones returned also. .That by reason of his having resided out of the state for a longer period than one year he has lost his residence in the County of Bertie and has incurred the penalties of the act of 1826 prohibiting the emigration of free persons of colour into this state. Your Committee therefore from the peculiar hardships of this case believing it to be one which demands legislative interference respectfully report the following Bill and recommend its passage. /s/  Jos. M. Townsend, Chair.

General Assembly Session Records, 1832-1833, Box 5, North Carolina State Archives.

In the 1850 census of Windsor, Bertie County: Britton Jones, 45, drayman, with Mary Boon, 30, and Emily Boon, 6.

A petition to emancipate an old and faithful companion.

State of North Carolina, Robeson County –

To the honorable the Judge of the Superior Court of Law in and for the County aforesaid –

The Petition of Henry Barnes humbly shews to your Honor that he is desirous to liberate his slave Judith Barnes who is more than fifty years of age – that he hath not received in money or otherwise [illegible] or value or any part thereof [illegible] to petition for her emancipation nor consideration of any kind to be paid [illegible] The said Judith was born a slave and conducted herself as such with great fidelity to her owners and on one occasion when Mrs. Jacobs – the wife of Zachariah Jacobs was suddenly taken in labor without ever having practiced as a midwife, by her skill or good memory on it and attention she delivered the lady and was the means of saving both the mother and child – since that time she has occasionally assisted the other women in like situations and has been serviceable in that way in her neighbourhood without however adopting it as a business or a source of profit – that your petitioner was also born a slave and many years ago was liberated by his master – that his slave Judith was and still is his wife and by that by his economy and industry he was enabled to own money enough to purchase her of the administrator of her last master – Thomas Waters – and to pay for her and has held her as his slave for more than ten years – that your petitioner is between 60 & 70 years of age and feels that he is becoming quite infirm and can not expect to live long; and it would be in the highest degree distressing to reflect that his old and faithful companion should after his death be [illegible] as a slave – Wherefore your Petitioner prays for [illegible] to emancipate her and your Petitioner as in duty bound will ever pray &c

State of North Carolina, Robeson County   }

Harry Bryan makes out that the matters and things set forth in the within petition as of his own knowledge are true and those otherwise stated he believes to be true

[No date.] Slave Records, Robeson County Records, North Carolina State Archives.

In the 1850 census of Southern Division, Robeson County: Judith Barnes, 63, with Daniel, 17, and Martha Fort, 8.

Free colored Craven County slaveowners, no. 2.

Mr. Thomas Blackwell, who lived in Vance County, N. C, owned a favorite negro named Tom, who was a fine blacksmith. He was allowed to hire his own time and was finally permitted to buy his freedom at a price far below his worth; he was a very valuable man. This was about 1820. Tom prospered and bought two or three slaves. William Chavers was a well-educated negro who bought a good deal of land in Vance County, from 1750 to 1780, and he owned a good many slaves; his descendants also for several generations were slaveholders. John Sampson, of Wilmington, was a slaveholder in 1855.

From Calvin D. Wilson, “Negroes Who Owned Slaves,” Popular Science Monthly, vol. LXXXI, (1912).