Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

January 8, 2013

Despite their family’s care.

Nancy Midgett v. Willoughby McBryde, 48 NC 21 (1855).

“Nancy Midgett, is a white woman, but her two children are mulattoes begotten by a negro father.”  The Currituck County Court ordered that children be bound to Willoughby McBryde.  Midgett presented evidence that for the last three years she had been living near her father in a house he built for her; that he had taken charge of her children and kept them diligently and industriously employed; that he was himself an honest, respectable and industrious man, well able to take care of her and her children and willing to do so; and that she herself had, during the last three years, behaved orderly and industriously.  Accordingly, contended Midgett’s counsel, the children did not fall within the category of those liable to be bound out by the County Court.  The trial judge disagreed, upheld the County Court’s action, and Midgett appealed.

The North Carolina Supreme Court held that the County Court had power to bind out all free base-born children of color, without reference to the occupation or condition of the mother. The provision of the statute that refers to the occupation or employment of the parents is confined to cases of free negroes and mulattoes whose children are”legitimate.” “In such cases, if the parents have no honest or industrious occupation, the children may be bound out.  These considerations do not arise when the child is a bastard.” Judgment affirmed.

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January 6, 2013

Onslow County Apprentices, 1817-1818.

Ann Whitehurst, Bill Whitehurst and Edward Whitehurst were bound to Whitehead Humphrey in 1817.

Elisha Boon and Sarah Boon were bound to Jesse Orrell in 1817.

Abe Barrow was bound to Jesse Humphrey in 1818 to learn the trade of shoemaker.

Nancy Whitus and Elijah Whitus were bound to Whitehead Humphrey in 1818.

Elisha Boon and Sarah Boon, children of Betty Boon, were bound to Turner Ellis in 1818.

Peter Calton Boon and Betsey Boon were bound to James Johnston in 1818.

Mary Hammonds were bound to James Barrow in 1818.

Durant Henderson and Willis Henderson were bound to John Jones in 1818.

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

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December 27, 2012

Craven County Apprentices, 1797-1799.

On 14 June 1797, Ann Maria, free person of color aged 3 years in September next, was bound to Euphamia Tinker, Widow, as a spinster.

On 16 June 1797, Lucy, a free person of color aged 7 years, was bound to Patsy Gaynor [Gainer], widow of New Bern, as a spinster.

On 17 June 1797, Samuel McKinnin, a “certain lad of colour” aged 4 years the 25th of December last, was bound to Isaac Markel, mariner of New Bern, as a mariner.

On 16 March 1798, Reading Moore, a base born free Negro boy, was bound to Francis Lowthorp, Esq., of New Bern, as a tobacconist.

On 10 December 1798, Sampson Wilson, free black boy aged 7 years, was bound to William Tignor of New Bern as a block maker, and Amy Wilson, a free black girl aged 11 years, was bound to Tignor as a spinster.

On 10 June 1799, Polly Harris, a free black girl aged 16 years, was bound to William Laurence, merchant of New Bern, as a spinster, and Thomas Harris, a free black boy aged 11 years, was bound to Laurence as a cooper.

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December 27, 2012

He induced a free negro to go over the mountains.

Condemned.  At Surry Superior Court, last week, Abram Weaver, who has been confined in the jail of this county for some eighteen months, was tried and convicted of selling a free negro.  An appeal was taken to the Supreme Court.  People’s Press.

Carolina Watchman, Salisbury, 30 September 1852.

———

ABRAM M. WEAVER.

This notorious individual, we learn, was tried for kidnapping, at the recent term of the Superior Court of Surry county – Judge Ellis presiding.  He was found guilty, and condemned to be hung on the first Friday in October; but appealed to the Supreme Court.

We understand it was in evidence that in the Spring of 1848 Weaver induced a free negro, Jim Corn, to go with him from Stokes county over the mountains into Virginia, on a trip to sell guns; that they stopped at the house of one Lowder, in Burke’s Garden, soon after which the prisoner, sold the said free negro into bondage, who was carried to Louisville, Kentucky, where the negro sued for and obtained his freedom.  Greens. Pat.

Carolina Watchman, Salisbury, 7 Oct 1852.

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December 23, 2012

Craven County Apprentices, 1793-95.

On 20 July 1793, Susannah Dove, a free Negro woman, binds her sons Isaac Dove, an orphan aged 6 years old the 4th of April last, and Thomas Dove, an orphan aged three years the 4th of May last to John Brown.  Witnessed by Richard Triglith and William Orme and proved in court in December 1793.

On 13 December 1793, James Ruff, free Negro boy aged 18 years, was bound to William Bartlett, mariner, as a mariner.

On 10 March 1794, Jacob Carter, free Negro boy aged 10 years or thereabouts, was bound to William Jones as a cooper.

On 9 December 1794, George Carter, free Negro boy aged 17 years last September, was bound to Harding Ives as a turner.

On 9 March 1795, Betty Copes, free mulatto girl aged 9 years next 2 May, was bound to James Houston, Sr., as a spinster.

On 14 [March] 1795, Ned Lewis, a free Negro boy aged 10 years, was bound to Amos Wade as a mariner.

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December 23, 2012

The mulatto man who married my sister did it.

Horrid Murder. – The wife of Jonathan Dalton of Montfort’s Cove, in this County, was committed to jail, in this town, on Wednesday last, charged with shooting her husband, while asleep, on the morning of the previous day.  The evidence against her, we are told, is entirely circumstantial, as no person is known to have been in the house when the deed was perpetrated except herself and husband.  She, however, states that a mulatto man who had married her sister, came to the house during the night, and that he endeavoured to persuade her to leave her husband and go home with him; that she went out of the house early in the morning and left them both within, when she soon heard the discharge of a gun, and without entering the house fled to the neighbors for aid – saying that a mulatto man had killed her husband.  Her tale is by no means consistent. She had been married to him but three or four months, and we are told, that they had not lived together for a considerable portion of the time, and that she had positively declared that she never would live with him. We must forbear to state the circumstance relative to this transaction which have come to us, as they might serve to prejudice her trial, which will probably take place in October next.  Dalton, we are informed, was dead before any of his neighbors arrived.  Suspicion falls on another person as having been an accessory.

Miners’ and Farmers’ Journal, Charlotte, 31 July 1832.

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December 21, 2012

Craven County Apprentices, 1788.

On 14 March 1788, John, a Negro boy son of Negro Phillis, aged about 14 years, was bound to James Carney as a cooper.

On 15 June 1788, Isaac Dove, Negro boy aged 17 years the 5th of May last, and Simon Dove, aged 14 years the 21st of January last, were bound to Bazel Smith as a shoemaker.

On 13 September 1788, George Carter, free Negro boy aged 11 years or thereabouts, was bound to Thomas Ives as a turner.

On 18 December 1789, Sue Powers, a Negro girl aged 10 years next June, was bound to John Bryan of New Bern as a spinster.

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December 20, 2012

Craven County Apprentices, 1784-1787.

On 18 December 1784, Hagar Black, a free Negro girl aged 4 years next May, was bound to Mary Heath, widow, “in the necessary Business Incident to House Wifery.”

On 16 December 1786, Rhoda, a mulatto girl aged 16 years, was bound to William Smith.

On 16 March 1787, Liza, a free Negro girl aged 11 years, was bound to William Good, Esq., for housewifery.

On 12 June 1787, Jim Moore, orphan mulatto boy aged 7 years, was bound to Edward Potter as a carpenter and joiner.

On 12 June 1787, Joseph Drigg, orphan aged 18 years, was bound to John West of New Bern as a carpenter and joiner.

On 12 June 1787, Abel Carter, a free Negro boy aged about 8 years, was bound to Abner Neale, Esq., as a cooper.

On 13 June 1787, an orphan lad named Will, now aged 3 years, was bound to Mary Heath as a servant.  [A second indenture that indicated Will is a “Negroe Boy.”]

On 14 September 1787, Stephen Lewis, a Negro boy, was bound to William Carter as a turner.

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December 18, 2012

He had no right to come back.

The Wadesboro’ Argus tells of a free negro who lived in Wadesboro’, and removed to Ohio; but soon found he could not live as well there as in North Carolina, and came back.

If this negro staid out of the State 90 days he had no right to come back, according to law.  We hope there has been no neglect of the law in this matter, on the part of the proper officers. No free negro is allowed by law to come into this State.  Any person who brings one in as an emigrant, either by land or water, is liable to a fine of $500.

We notice this case in order to arouse the attention of the officers of the law.  – North Carolinian.

Carolina Watchman, Salisbury, 10 Oct 1850.

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December 17, 2012

Craven County Apprentices, 1762-1783.

On 7 April 1762, Lydia, a free Negro girl aged 13 years; Acey, a free Negro boy aged 11 years; Aaron, a free Negro boy aged 9 years; and David, a free base born Negro aged 7 years were bound to Mrs. Anna Bryan until 18 to learn the house and plantation business.

On 5 July 1764, Ball, a baseborn Negro child 3 years and 10 months, and Hannah, a base born Negro child aged 1 year 4 months, were bound to Peter Rhem as servants until 21 years old.

On 19 June 1775, Thomas, a free Negro, was bound for 6 years to Edward Francks as a laborer.

On 15 March 1777, Abigail, a free Negro aged 11 years, was bound to Peter Rhem to learn to spin and do house work.

On 13 June 1778, Solomon Carter, a free Negro boy aged 5 years, was bound to Richard Neale as a cooper.

On 13 March 1783, George Carter, free Negro boy aged 6 years, was bound to Thomas McLin, Esq., as a cooper.

On 12 September 1783, Edward Black, freeborn Negro boy aged 6 years, was bound to Thomas Heath as a shoemaker.

On 13 December 1783, Betty Spellman, free Negro girl aged 4 years next January, was bound to John Tillman for spinning, weaving, and housework.

On 13 December 1783, Shadrach Lindsay, a free mulatto boy aged 10 years, bound to John Avery as a house carpenter.

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