Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

January 29, 2013

It is not slander, per se, to charge a white man with being a free negro.

Abner C. McDowell v. William Bowles, 53 NC 184 (1860).

“It is not actionable, per se, to charge a white man with being a free negro; and it does not alter the case, that such man was a minister of the gospel.”

This slander case was tried in Surry Superior Court. Abner McDowell charged that, when he attempted to vote at a constable’s election, William Bowles said that McDowell had no right to vote, that he was a free negro, and that “if you let free negroes vote, here, let Zach. Warden vote also.”  (Warden was, in fact, a free man of color.) McDowell declared that he was “a clear blooded white man, and a regular licensed minister of the Baptist Church” and charged Bowles with slander.

Bowles moved for summary judgment on the ground that his alleged words were not actionable. The court agreed, and McDowell appealed.

The state Supreme Court noted that slanderous words fell into three categories: those that impute a crime; those that “impute an contagious disease, by which the party impugned would be excluded from society;” and those derogatory with respect to a person’s profession. “We are not aware of any class of defamatory words, which are held to be actionable, that would embrace the language complained of in this case.”

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January 26, 2013

These persons, though free, were sold and enslaved.

November Sup. Court, Edenton District 1778 }  State of No. Carolina

On motion that a Writ of Certiorari should Issue to the Justices of Pasquotank County, to remove all the Orders and Proceedings of the Court of the said County relating to the Sale and enslaving of the following Persons, either of them, vizs. Hannah, David, Charles, Toby, Pritchard, Nero, Prissilla, Rose, Judith, Jane, Albertson, Samuel, Hagai, Ann and Sarah, on a Suggestion that the said Persons, ‘tho free subjects of the state, were Sold and enslaved by Order of said Court, in express Violation of the Constitution of this State, and contrary to Natural Justice, and that there are Manifest Errors and Irregularities in the said Proceedings.

Ordered that a Certiorari Issue accordingly, unless Sufficient  Cause to the Contrary be shewn within the three first days of the next insuing Term.    /s/ Will Righton for Cha. Bondfield C.S.C.

Records of Slaves and Free Persons of Color, Pasquotank County, North Carolina State Archives.

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January 26, 2013

Onslow County Apprentices, 1820-1822.

James Jarman, son of Charlotte, was bound to James Glenn Jr. in 1820.

Frances Hammonds, daughter of Sena Hammonds, was bound to Joseph Hawkins in 1820.

James Henderson and Bryan Henderson, sons of Patsey Henderson, were bound to Jesse Gregory at February term, 1821.

“Patsey Henderson a free woman of color in Onslow County came into court and desired her two sons (viz) James Henderson and Bryan Henderson be bound to Jesse Gregory agreeable to law and give Jason Gregory and Hezekiah Williams for securities in the sum of $1000 each.”  February term, 1821, Minutes of the Court of Pleas and Quarter Sessions, Onslow County Records, North Carolina State Archives.  In the 1840 census of Onslow County, James Henderson is listed twice.  First, his household includes 1 male 24-26; 1 female 10-24; 2 males under 10; and 1 female under 10, all colored, and is listed between Bryant Koonce and William Mills.  Second, the household composition is the same, but is listed between William Boyett and Jesse King. In the 1850 census of Upper Richlands, Onslow County: Jim Henderson, 35 year-old mulatto mechanic, is listed in the household of white farmer B.S. Koonce.  [Sidenote: James Henderson was my great-great-great-great-grandfather. — LYH]

Miranda Henderson and Patsey Henderson, daughters of Nancy Henderson, were bound to Nancy Henderson at May term, 1821.

The minutes of May term, 1821, Onslow County Court of Pleas and Quarter Sessions show that Jason and Gregory gave security for the bond. Court Records, Onslow County Records, North Carolina State Archives.  In the 1850 census of Upper Richlands, Onslow County: Nancy Henderson, 55, and children and grandchildren Gatsey, 30, Nervy, 25, Monday, 6, Lott, 4, Jessee, 1, and Sally Ann, 6 months.[Sidenote: Who was the Nancy Henderson to which the children were bound? A child could not be bound to his or her own parent. — LYH]

Charles Chance and Nancy Chance were bound to Nichodemus Gurganus in 1821.

In the 1850 census of Lower Richlands, Onslow County: Nancy Chance, 44, and her children Right, 26, Vicy, 12, Hester, 7, C.A., 6, and Rache, 3.

Patsey Henderson, age 5 or 6, was bound to Jason Gregory in 1822.

Gatsey Henderson and William Henderson, children of Simon Dove, were bound to James Glenn Sr. at August term, 1822.

The minutes of August term, 1822, minutes, Onslow County Court of Pleas and Quarter Sessions, describe Gatsey and William as “colour’d children the reputed children of Simon Dove dec’d.”  Court Records, Onslow County Records, North Carolina State Archives. In the 1850 census of Upper Richlands, Onslow County: Nancy Henderson, 55, and children and grandchildren Gatsey, 30, Nervy, 25, Monday, 6, Lott, 4, Jessee, 1, and Sally Ann, 6 months.  

Alfred [no last name] was bound to John Thompson in 1822.

Isaac [no last name] was bound to Bazel Newbold in 1822.

George Boon was bound to John Thompson in 1822.

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January 22, 2013

Caswell County Will Books: H

At April term, 1817, Daniel Phillips, orphan boy of colour, age 8 years, bound to Edwin Rainey.

At July term, 1817, William Howel, a boy of colour age 12 years last September, bound to William Kennon.

At January term, 1818, Henry Logan, boy of colour age 14 years the 10th of March next, bound to William Sawyer.

At January term, 1818, Betsy Logan, a girl of colour age 12 years the 5th of April next, bound to Anderson Morton.

At April term, 1819, Luscinda Gillaspy, child of colour age 6 years the 20th May next, bound to Chandler Wilkins.

At April term, 1819, Anosha Gillaspy, child of colour age 3 years the 29th July next, bound to Frances Smith.

At January term, 1820, Dilcey Phillips, a girl of colour age 15 next September, and Frederick Phillips, a boy of colour age 12 years next March, bound to Polly Evans.

At January term, 1820, Matilda Garrott, a girl of colour age 12 in April next, bound to John N. McNeil until she attains 21 years of age.

At January term, 1820, John Robinson of Lynchburg, Virginia, desirous of rewarding a black by name of Jacob Thomas, who was raised by Bartlett Bennett of Orange County, Virginia, and was purchased by Robinson on 1 October 1808 from Thomas Jones of Campbell County.  (Said Jacob’s father being a free man of the same name.)  For $900 paid by Jacob Thomas, Robinson does hereby emancipate him and bestow upon him all the rights of a free man of colour in rhe Commonwealth of Virginia. 

At October term, 1820, Bob Kean, a boy of colour age 10 years the 25th of December next, bound to Thomas Brinefield.

At January term, 1821, Robert Gwyn and Ransom Gwyn, orphan children of colour age 7 and 11 years, bound to Azariah Graves. 

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January 21, 2013

It gets worse.

To the worshipful the Justices of the County Court of Edgcombe. The Petition of your Petitioner Harry McClennan humbly sheweth that your Petitioner is a freeman that for some time past he hath been held and claimed as a slave by William Leigh late of this County that a suit if now depending in this Court before your Worships against George Brownriggs wherein the said George at the instance of your Petitioner hath pleaded that your Petitioner is a freeman & not a slave your Petitioner further sheweth that he hath been informed that the said William Leigh, apprehensive that the said issue will turn out against him designs to seize upon the body of your Petitioner & remove him to some foreign Country beyond the jurisdiction of this Worshipful Court by which means your Petitioner would be utterly deprived of the benefit of the law and of those natural & Civil Rights to which the Citizens of this Country are entitled.

Your Petitioner further shews that impressed with the truth of the above design of the William [sic] he is hampered and impeded in preparing himself in his defence and without the interposition of your Worships to take his Care into consideration & give such Relief as to you in your Wisdom may seem proper.

Miscellaneous Slave Records, Edgecombe County Records, North Carolina State Archives.

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January 21, 2013

“It was always my intention to free the child.” — the road to hell.

The worshipfull the County Court of Edgecombe May Term 1796: Approving me to take the Deposition of George Ogg in a matter Depending in our said County wherein William Leigh is Plaintiff and George Brownrigg is Defend’t. In Obedience thereto I have attended at the house of Solomon Sessums and taken said Ogg’s Deposition.  It is as follows – The Deponant after being Duly Sworn on the Holy Evangelist of Almighty God Deposeth and sayeth that he had oftimes heard Mr. Robert Bignall sens Dec’d say that a Certain Yellow or Mulatto Boy Named Harry now in the Possession of George Brownrigg was the son of William McClellin formerly a merchant in Tarborough and was at a certain Age (Twenty one years he Believ’d) Intitled to his Freedom and Further this Deponant sayeth not.  Given under my hand and seal this 30th day of May 1796.  /s/ Exum Philips JP

Records of Slaves and Free Persons of Color, Edgecombe County, North Carolina State Archives.

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January 20, 2013

Register of (NC-born) Negroes & Mulattoes: Bartholomew County, Indiana, no. 1.

Enoch Jones, age 13, born Robeson County NC, registered 22 Aug 1853.  He was described as “rather a light negro”; small scar one-half inch long on back of left hand near wrist; son of William Riley Jones Esq. Witness: George B. Gaines.

Irvin Jones, age 14, born Robeson County NC, registered 22 Aug 1853.  He was described as “rather a light negro”; four feet eleven and one-half inches and growing; with no scars or marks; son of William Riley Jones Esq. Witness: George B. Gaines.

Lucinda Jones, age 5, born Scott County VA, registered 22 Aug 1853.  She was described as a black girl, “lively and of a light complexion,” with a burn scar on the right side of her neck; daughter of William Riley Jones Esquire. Witness: George B. Gaines.

Lucy Ann Jones, age 40, born Halifax County NC, registered 22 Aug 1853.  She was described as rather a dark mulatto woman; five feet two inches; “right arm very much crooked having been broken”; married with eight children.  Witness: George B. Gaines.

Mary H. Jones, age 3, born Bartholomew County VA. “A plump little darkie” with a light unblemished complexion; daughter of William Riley Jones Esquire.” Witness: George B. Gaines.

Oliver Jones, age 7, born Richmond County NC, registered 22 Aug 1853.  He was described as a black boy three and a half feet high, “but will get higher fast;” a “rather light” negro; no remarkable scars; son of William R. Jones. Witness: George B. Gaines.

Thomas Jones, age 9, born Richmond County NC, registered 22 Aug 1853.  He was described as a black boy three feet eleven inches high, a “rather light” negro who “seems to be growing;” son of William Riley Jones Esquire. Witness: George B. Gaines.

William Riley Jones, age 40, born Robeson County NC, registered 22 Aug 1853.  He was described as a rather dark mulatto man; five feet three inches; with a scar about ¾ inch long on the right hand; rather square built; with round features.  Witness: George B. Gaines.

William R. Jones Jr., age 1, born Bartholomew County IN, “plump little nigger baby,” fair-skinned, no scars; son of William R. Jones Sen. Registered 22 Aug 1853.  Witness: George B. Gaines.

Willis Jones, age 12, born Robeson County NC, light negro boy, four and a half feet and growing, no scars, son of William Riley Jones. Registered 23 Aug 1853.  Witness: George B. Gaines.

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January 20, 2013

Onslow County Apprentices, 1819.

Mary Hammond was bound to Joseph Hawkins, 1819.

George [no last name] age 12, son of Hannah, was bound to Henry Thompson, 1819.

Rachel [no last name], daughter of Hannah, was bound to Charles Thompson, 1819.

James Jarman, son of Charlotte Jarman alias Hammonds, was bound to James Glenn, 1819.

Meriah Boon was bound to Buckner B. Berry, 1819.

Omy White was bound to Daniel Marshburn, 1819.

Mary Hammond was bound to James Barrow, 1819.

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

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January 20, 2013

A trial here would be a mere mockery.

State vs Furnifold Jurnigan   }  Selling a person of mixed blood.

The Solicitor maketh oath that he does not believe the State can have a fair trial in this County; this matter has been the subject of conversation in the County, and the defendant by the influence of several men of standing has made it much the matter of general discussion, and has as the Solicitor is informed, so many on the Court yard, in his favour, that it would be a mere mockery to enter upon this trial in Wayne.  Edw. Stanly Solicitor  Sworn to before me in Open Court this 6th of April 1837.  N. Washington Clk.

In 1837, Furnifold Jernigan was indicted for selling Betsy Dinkins, a free woman of color. In the three years prior Jernigan and at least four co-defendants appeared on the Wayne County docket ten times on charges of selling free negroes, but never went to trial. As a result of the state’s solicitor’s complaint to the judge, the case was ordered removed to Greene County, but never appeared on the docket there.  Records Concerning Slaves and Free Persons of Color, Records of Wayne County, North Carolina State Archives.

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January 20, 2013

Examination of the Negroes charged with insurrection.

Memorandum of the examination of the Negroes charged with insurrection — 1831

At the Methodist meeting house in Onslow County in the neighbourhood of the Rich lands Col Daniel M Dulany, Returned to Jesse Sandlin, Wm H Thompson, John B Thompson, Thomas Battle, James Thompson, Lewis T Oliver, James Glenn, and William Humphrey Esq’rs the following negros, whose names will be hereafter mentioned charged with conspiracy or insurrection, Sept 20th 1831

Jacob charged with conspiracy by the testimony of Aron (who pleads not Guilty)

Aron Sworn – so he says that Jacob was talking of the negroes rising on  the whites about 3 weeks ago on Friday night, that if they rose he had a pretty Good sword, that he would be amongst them, that Ben Rhodes had a gun and sword and Dudley’s Ben had a gun, and since that time at Mr. Hawkins he Jacob wished that the Camp Meeting was nearer than it was, so that he might aid in destroying the whites, that he Jacob, Ben Rhodes & Ben Dudley and Charles were to be the head leaders, and that they wishes to get as many to assist them as they could.

Upon the evidence let Jacob be committed

Tony charged with conspiracy and insurrections –

Aron witness swears that he heard Tony say that he expected that at a Camp Meeting to be held at this place the negroes would rise upon the whites, and that he intended to go to Newbern, when he could get guns swords and other armes, as he had none here

Upon the evidence let Tony be committed

Nathan, the Property of Edw’d Williams, who pleads not Guilty, as an insurgent

Aron Sworn – At Mr Hawkins on Sunday he saw Nathan, who spoke of being at a camp meeting, and expected that at that time the negroes would rise, but did not say anything about his joining them Upon the evidence let him be committed

Jim the property of Edw’d Koonce charged with conspiracy & insurrection

Nathan House Swears that in a conversation between him and Jim, who sayd to Nathan that the Negroes might take the whites who replied and said how was that possible when the negroes had no guns or weapons.

Upon the evidence let him have 39 lashes

Abram charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Simon charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Jerry Murray charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

David Tragel charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Bill Trasel charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Anthony Rowe charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Mariah charged and acquitted.

Ward Humphrey charged as above, pleads not guilty, let him be acquitted.

Joshua Whitehurst charged as before pleads not guilty, let him be dismissed.

John Phillips Charged as before pleads not guilty, let him be acquitted.

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

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