Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Apprentices

Fariby Simons and hir children was free.

State of North Carolina, Wayne County     July 23rd 1853

Mary Wiggs after Being Duly Sworn Deposeth & Says as follows in (viz) that she was acquainted and knew one certain Fareby Simons a free woman of Color that lived with one William Burnham of Duplin County and State aforsaid and that Said fariby Simon was living with Said Burnham as an apprintice and after the Expiration of hir appriaticeship she the said fareby Simon had some Several Children in the time She livd with Burnham the Deponant further Say she heard Burnham tel hir father Samuel Herring that said fariby Simons and hir children was free and that he the said Burnham was to assist and Rais hir Children and have the use of them untwell they arived to the age of Twenty one years and then he the said Burnham was to let them go as they came of age the Deponant further Says that She has known Fariby Simons sixty or Sixty five years and knew hir before Burnham Told hir father that she was free further the Deponant Sayeth Not.   /s/ Mary X Wiggs

Sworn to and Subscribed to Before Me the 23rd July AD 1853 Test George Flowers J.P.

This is one of three sworn statements by whites attesting to Fereby Simmons’ freedom.

Records of Slaves and Free People of Color, Wayne County Miscellaneous Records, North Carolina State Archives.

Not void, but voidable.

Cornelius Dowd v. Stephen Davis, 15 NC 61 (1833).

Cornelius Dowd charged Stephen Davis with harboring a mulatto named Lydia Burnett.  Burnett and four others (“they being born of a free woman and begot by a negro slave”) had been bound to Dowd in Moore County and had run away.  Davis claimed the indenture was defective and therefore invalid.  The state Supreme Court held that, despite numerous deficiencies, the indenture was valid as between the master and someone harboring a runaway.  The indenture was not void, but was voidable by the parties to it.  Burnett was not a party to her own indenture and therefore could not void it.  The court ordered a new trial and noted that justices across the state should be advised that defective old indentures may need to be replaced with ones that strictly observe the requirements of the law.

In the 1850 census of Moore County, Lydia Burnett, 41, with William, 19, Thomas, 17, Ann, 16, and Betsey Burnett, 10.

Onslow County apprentices, 1811.

The following free children of color were apprenticed in Onslow County in 1811:

Joshua White, son of Elizabeth White, to Henry Horn.

Joshua White to Robert Wallace.

Durand Henderson, son of Nancy Henderson, to Henry Hyde.

Oma and Elijah White to Eli Cox.

Sukey Henderson to Richard Trott.

Naomi Henderson to Adam Trott.

James [no last name] to William Paradis.

Apprenticeship Records, Onslow County Records, North Carolina State Archives.

Apprentice bonds, Duplin County.

July 18, 1791.  William Flinigin mulatto boy age 4 years last Jan. 30 bound to William Southerland to learn to read the Bible, write and the trade of cooper.

March 29, 1794.  Hardy McCulloch mulatto boy age 5 next August bound to Setphen Middleton to learn to read the Bible, write and cipher to 3 and learn the trade of cooper.

Wed., January 21, 1795.  Ordered Hannah Simmons, orphan child of a free born negro now about 1 year old bound to Betsy Burnham to learn to read the Bible and spin and weave.

April 17, 1797.  Jenny Winn free black child now about 12 last March bound to Martin Kornegay until 21.

July 18, 1796.  James Flanagan mulatto orphan age 6 bound to Lewis Davis to learn to read the Bible, write, cipher to 3 and learn the trade of shoemaker.  Lettice free negro girl age 8 bound to William Bizzel.

Minutes, Court of Pleas and Quarter Sessions, Records of Duplin County, North Carolina State Archives.

No cards, dice or fornication.

State of North Carolina    This indenture Witnesseth that Edward Upton & Jane his wife of the County of Caswell hath put her son William Long a Mulato and by these presents doth Voluntary and of their own Accord and free will put him an apprentice to Samuel Brackin of the same County his Heirs and Assigns forever, to learn his Trade or Mistery and after the Manner of an Apprentice to Juse him from the day of the date Hereof untill he arives to the age of Twenty one years. During all which time the said apprentice his said Master faithfully shall Serve his Secrets keep his lawfull command & every whim obey, he Shall do no Damage to his said Master, nor See it be done by Others without letting or giving notice thereof to his said Master. He Shall not waste the said Masters goods, nor lend them Unlawfully to any, he shall not Commit Fornication nor contract Matrimony during the said time, at Cards, dice or any other unlawfull games he shall not play whereby his master may be Damaged with his own goods nor the goods of Others during the said time without licence from his said Master He shall not absent himself day nor night might from his said Masters Service without his leave nor haunt Ale houses, taverns or play houses but in all things behave himself as a faithfull apprentice ought to during the said time.  And the said Master shall use the Utmost  of his Endeavours to teach or cause to be taught or Instructed the said Apprentice in the Trade of Mistery he now Followeth, and Procure or Provide for him Suficient Meat Drink Appearl and Washing fitting for an apprentice during the said time – And for the due Performance of all and every the said Covenants and agreements Either of the said Parties bind themselves unto the Other by these Presents, In Witness whereof They have interchangably Put their hands & seals this Second day of August Ano Dom 1783 and in the Eighth year of American Independence.   Edwd X Upton  Jane X Upton

N.B. The above mentioned child was Born August 1st 1781.

Witness Thomas Brookes Thomas Rice

Memorandum that I the within named Saml. Brackin is to Give the within bound William Long one years Schooling and at the Expiration of his time Two Suits of Cloaths one ax one Mattock, Witness & date as within           Saml. Brackin

Test – Thomas Brookes  Thos. Rice

August Term, 1783, Minutes of Court of Pleas and Quarter Sessions, Caswell County, North Carolina State Archives.

Caswell County Will Books: E

At February court, 1804, Lewis Watkins, base born of colour now 2 years and one month old, bound to Daniel Clam.

At February court, 1804, Free Robin Watkins listed among buyers at the second sale of the estate of John Lea on 16 November 1803.

At April court 1805, David Hutson, male child of colour, one year old August next, bound to William Cantrell.  Betsey Hutson, a child of colour, 3 years August next, bound to William Cantrell.

At February court 1806, Joseph Bracken hath petitioned the court that negro slave named Arnes, property of Bracken, may be liberated and become free.  Should Arnes ever become chargeable to the county, said obligation should be voided.

At April court 1806, Mourning Gillaspy girl of colour age 17 years the last day of March last bound to Jacob Ahart.

At July court 1806, Betsy Watkins, age 2 years last September, and Lewis Watkins, age 5 years last March, children of colour, bound to Christopher Dameron. 

At August court 1806, Christopher Dameron Sen. not to remove two free children of colour, Lewis and Betsy Watkins, from Caswell County and should deliver them to Court when they arrive at age.

At January court 1807, Cornelius Willson, male child of colour 4 years old last February, bound to Edward Swann. 

At January court 1807, John Freeman, a free black man of Caswell County indebted to Durett Richards and Josiah Samuel, obliges to serve Richards for a term of 6 years.  Witness: William Yates Jun., John Hall, Ambrose Britt. 11 Dec 1806.

At January court 1808, Lewis Watkins, 7 years old, and Betsy Watkins, 3 years old, orphans of colour, bound to Gregory Hightower.  Also, Edmund McCubbins, orphan of colour, 14 years old next July, bound to Benjamin C. West.

40 years’ acquiescence gives effect.

Augustine Cully v. Lovick Jones et al., 31 NC 168 (1848).

This was an action for false imprisonment.  Plaintiff Augustine Cully‘s mother Phebe was the slave of Jane Thompson.  Thompson’s will directed her executor Reuben Jones “to obtain the freedom of Phebe, if practicable, on account of her meritorious services.” In November 1806, Jones filed a petition in Carteret County court for Phebe’s freedom.  Phebe and her children were thereafter permitted to act as free people.  However, Jones neglected to give the required bond for the action until 1816, when he was ordered to do so, and did.  Phebe’s daughter Augustine was born in 1808 and lived as a free person until just before this action commenced, when Lovick Jones seized her and claimed her as a slave.

The NC Supreme Court held that, though Augustine Cully was born before the bond was effectuated, neither Reuben Jones, who neglected his duty, nor anyone claiming for or by him could take advantage of that omission, much less a mere wrong-doer.  “More than forty years have allowed to pass from the act of emancipation and [Augustine’s birth], before any claim was made to hold her as a slave; during all which time, she passed as a free person and was so treated and considered by the community, in which she lived.  After so long an acquiescence, almost any thing will be presumed, in order to give effect to the act of emancipation.”

The 1850 census of New Bern, Craven County, shows a household that included Phillis Martin, 85; Augustin Cully, 35; Adam Cully, 40 and blind; Joseph Martin, 29, and Alex. Martin, 27, both sailors; Abner Cully, 14; Eliza Cully, 11; Elizabeth Cully, 9; and Adam Cully, 5.  All were described as black.

An apprentice leads the way.

30 dollars reward.

Ranaway from the subscriber on Thursday the 28th of November last, a mulatto boy named TOM, between 16 and 18 years of age, about 5 feet 4 inches, stout made, lips thick, down look and a small scar on his face, was indifferently dressed when he ran off.  It is supposed that Ryal Bryant an apprentice to Wm Delancey hatter, (who has also run away) enticed him off.  The above reward will be paid to any person for apprehending and securing the  above fellow in any jail so that the subscriber gets him again   JAS. ROACH  Rockingham County, Dec 9

The Star and North Carolina State Gazette, 20 December 1816

It is her wish and desire that her children should leave the state.

State of North Carolina, Onslow County }

Court of Pleas & Quarter Sessions, March Term 1860

To the Worshipful, the Justices of Said Court: The petition of Omar White, humbly complaining, showeth unto your Worships that she is a free woman of color: that her Mother, Elizabeth White was born a free person of color in the County of Pitt of the State of aforesaid and removed to this the county and state aforesaid when your petitioner was born, raised and has always resided.  Your petitioner further showeth to your Worships that she is now about sixty years, is at present residing where she has resided with her family, which is numerous, for the last twelve years on the premises of of Basil M. Barry, Esquire, and with his permission: that she is the mother of thirteen children and has [blank] grandchildren, all of whom, under the age of twenty-one years, respectively. Your petitioner further showeth that, after her said children shall have attained the age of twenty one aforesaid and shall have fulfilled all the requirements of the law in such cases made and provided for Apprentices, it is her wish and desire that they shall remove from the state aforesaid and settle in a free state.  Your petitioner further showeth unto your worships that the facts set forth in this her petition are in the knowledge of many persons now living and such knowledge is the only evidence of her freedom: that she is growing old and her witnesses are also much advanced in years: that by the time he said children shall have reached the age of twenty one aforesaid, when they shall be free to emigrate from the state aforesaid, it may not be in their power to show the facts herein set forth.

To the end therefore that such testimony may be perpetuated and become a part of the record of this Worshipful Court, your petitioner humbly prays your Worships for permission for a rule to take such depositions as may be necessary to sustain the allegations set forth in this her petition.  And your petitioner humbly begs your Worships for further and such other relief as your Worships may deem necessary and proper.

And your petitioner as in duty bound shall ever humbly pray etc.    L.W. Humphrey, Attorney for Pet.

Elizabeth “Betsey” Whitehurst’s children were apprenticed extensively in Onslow County — Omy [Naomi, also called Oma, and the petitioner here] in 1806, 1811, 1818, 1819; Joshua in 1806, twice in 1811, 1816, 1818 ; Elijah in 1811; Esther in 1813 and 1830; Ann, Bill and Edward in 1817 and 1827; and Morris in 1827.  Their last name appeared as White, Whiters and Whitehurst.  See Apprentice Records, Wayne County, North Carolina State Archives.  She is probably the “Betsey Free” listed in the 1820 census of South Richlands district, Onslow County, with a household comprising four people of color.  In the 1830 census of Onslow County, she is Betsey Whitehurst with a household of seven.  In the 1850 census, she is listed in her son Edward White’s household in Cypress Creek, Jones County.

Omy White’s children also cycled through Onslow County Court as apprentices — Betsy Jane in 1827, 1835, 1839; Nancy in 1827; Sarah in 1834; Lindey in 1834; Elijah in 1835; Linda and Jack in 1844;  Edward “Ned,” Esther and Robert “Bob” in 1844 and 1849; Naomi in 1844; and Alfred in 1849.  In the 1850 census of Half Moon district, Onslow County, Omy “Ward” and four children are listed in one household (headed by B.M. Barry, a lawyer) and son Jack is in another. 

Onslow County apprentices, 1810.

The following free children of color were apprenticed in Onslow County in 1810:

Charles, Nancy and Ezekiel Chance, children of Charity Chance, to Williams Cox.

Thomas Corbett to Hardy Gregory.

Elisha, son of  Sall [no last name] to James Orril.

Rachel, Sam, Billy, Harriet and Polly Smith, children of Margaret Smith, to John Ballard.

George, son of Hannah, [no last name] to William Murrell. Father a slave of Murrell.

Apprenticeship Records, Onslow County Records, North Carolina State Archives.