Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Emancipation

God’s will for the colored race.

Nancy Brewer filed claim #11545 with the Southern Claims Commission.  She was about 50 years old,  lived in Chapel Hill, Orange County, and kept house for her husband during the war.  Her husband was arrested during the war “to work on embankments at Fort Macon, I think, but Mr. J.W. Carr interfered and informed them that he was my property, I having bought him a few years before the war.”  Her husband belonged to the Union League of America and was appointed a magistrate after the War.

The Brewers rented land to work on shares from Mr. Weaver and others about one mile from town.  Nancy Brewer owned a house and lot in Chapel Hill. “I gave about four hundred dollars for it before the Surrender.  I paid for it in gold & silver some old Bank money and some Confederate money.”  Federal soldiers took a pile of lumber — about a thousand board feet — with which her husband had intended to build a stable.  They also took a horse (a sorrel named Henry) and some bacon. “I asked them please not to take my horse, that it was all our dependence to make a crop.” (Confederate soldiers took some leather from her husband’s shoe shop.)

Nancy Brewer testified: “At the beginning of the war I felt troubled about it. I know my husband did not do anything to favor bringing it on, nor after it was brought on. Of course, he wanted the North to whip the South that was the way he talked and I agreed with him. I believed it was God’s will for it to become as it is now. If it was God’s will for the colored race to be free let it be so. And if not I was willing to submit to his will. I knew we were all in his hands. I believe God brought it out as it is, and I know he will do right.”

Nancy Stroud lived in Chapel Hill, Orange County.  She did not know her age, but “I reckon I am away yonder in fifty.”  She worked as a washerwoman and had been living with Nancy Brewer for two weeks when the “Yankee Soldiers” came to Chapel Hill around the time “corn was coming up.”  She saw two “pure Yankees” that she believed were from the Ninth Ohio bridle Brewer’s horse and lead him away.  She also saw them take three “big large hams”.  She was afraid of the soldiers because they said “if Johnson did not surrender in a few days they would show me the devil and I did not want to see him.” She was no judge of horses, but estimated that Brewer’s was worth about $100.  The soldiers also took the planking from Brewer’s fence. “I think the property was taken for the use of the Army, but to come to the truth of it, I just believe the Devil made them do it.”  She never heard Brewer or her husband talk about the war as “It would not do for colored people to talk here. ‘A still tongue made a wise head.’”

Thomas M. Kirkland, a merchant, testified that he knew Brewer’s husband, Green Brewer, who had been dead about two years next August.  “I was not intimate with colored people during the war as to be acquainted with his sentiments…,” but believed him to be loyal. “I am in no wise related to claimant he being a colored man and I a white man.”

The Commissioners remarked: “The claimant is a colored woman & a widow, her husband having died since the war.  He was formerly a slave, but she had bought him & he belonged to her! – or rather was free during the war.  He was a rather superior colored man.  After the war Gov. Holden appointed him Magistrate. The property belonged to her, & it was taken by our soldiers about the 1st April ’65 & taken to camp, the lumber for barracks.”

Allowed: $130.00

Each of them are hereby emancipated and declared free.

CHAPTER XXXV. An Act to Emancipate Certain Negroes Therein Mentioned.

Whereas, it hath been represented to this General Assembly, that Robert Shaw, in his life-time, did receive a valuable consideration for the further services of a certain negro woman named Amelia, and has certified the same and declared her to be free: And by petition of Thomas Lovick, it appears to be his desire that a certain negro woman by the name of Betty, belonging to him, should be set free; also a petition of Monsieur Chaponel, desiring to have set free a mulatto slave belonging to him, by the name of Lucy, of three and half years old: And whereas, it appears by the petition of Ephraim Knight, of Halifax county, that he is desirous to emancipate two young mulatto men, called Richard and Alexander, the property of said Ephraim: And it hath also been represented to this Assembly by John Alderson, of Hyde County, that it is his desire to set free a mulatto boy belonging to him, called Sam: And whereas, it hath been made appear to this Assembly by the petition of Thomas Newman, of Fayetteville, that he hath a mulatto boy belonging to him, which he is desirous to emancipate, and known by the name of Thomas:

I. 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 the said negro women called Amelia and Betty, and the mulatto girl Lucy, and the said mulatto men Richard and Alexander, and the said mulatto boy called Sam, and the negro boy named Thomas Clinch, shall be, and each of them are hereby emancipated and declared free; and the said Richard and Alexander shall take and use the surname of Day, and the mulatto boy Sam shall be known and called by the name of Samuel Johnson; and the said slaves so liberated, and each of them, are hereby declared to be able and capable in law to posses and enjoy every right, privilege and immunity, in as full and ample manner as they could or might have done if they had been born free.

Acts of the North Carolina General Assembly, 1789.  North Carolina Colonial Records.

An Act to Invest a Right of Inheritance.

At a General Assembly, begun and held at Fayetteville, on the second Day of November, in the Year of our Lord One Thousand Seven Hundred and Eighty-Nine, and in the Fourteenth Year of Independence of the said State; being the first session of the said Assembly.  Samuel Johnston, Esq., Governor.

CHAPTER XXXIII.

An Act to Invest an Indefeasible Right of Inheritance in Charles, Alley and Prudence Oggs, the Surviving Natural Children of John Oggs, of the County of Pasquotank, of such Property as was Bequeathed to them and their Deceased Brother Jesse Oggs.

Whereas, it hath been made appear to this General Assembly, that John Oggs late of the county of Pasquotank, hath departed this life, leaving behind him four natural children, Charles, Alley, Prudence and Jesse, by his negro slave Hester, to whom he bequeathed all his real and personal estate by virtue of a certain last will and testament: And whereas, by the policy of the law the said children, being bastards, are debarred from the rights of inheritance, and being recommended to this General Assembly as persons of good fame: And whereas, Jesse, one of the children is dead:

I. 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 the above mentioned Charles, Alley and Prudence Oggs, are hereby invested in an indefeasible right of inheritance of all and singular the lands and tenements, goods and chattels which were bequeathed to them by their father John Oggs, in virtue of his last will and testament; and that they hold and take the said property to them and their heirs and assigns forever, agreeably to the directions of the said will, and the intentions of the said John Oggs therein expressed.

And whereas, the within mentioned Hester, and her children Charles, Alley and Prudence Oggs, are recommended to this General Assembly by several very respectable inhabitants of the counties of Camden and Pasquotank, as worthy of being manumitted and set free agreeable to the intention of their father John Oggs:

II. Be it therefore enacted, That the said negro woman Hester, and her children Charles, Alley and Prudence Oggs, are hereby manumitted and set free to all intents and purposes, and to possess all the rights and privileges as if they had been born free.

Acts of the North Carolina General Assembly, 1789. Colonial and State Records of North Carolina.

Petition to free a dutyful wife.

State of North Carolina, Northampton County court, June term 1801.

To the worshipful the Justices of said court, the humble petition Len Kenchen free Negroe humbly complaining Shewing that he the said Len, upwards to ten years ago, purchased of a Mr. Robert Armstead, of Scotland Neck, a negroe woman called Rebecca for the sum of £45 Virg Curcy, and which said negroe, your petr. Len, had as wife, upwards of 15 years previous to said purchase, and until the present day.  And your petr. further shews that he the said Len and the said Rebecca previous to said purchase and until this date has always behaved herself as a dutyful wife and as a faithful servant.  Your petitioner therefore prays your worships will agreeable to the spirit and meaning of the act of assembly in such case Made, liberate and set free the said Rebecca, and your petitioner as in duty bound will pray   /s/ J.H. Keys

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

All I have to make a living.

Nicholas Brown filed claim #17581 with the Southern Claims Commission. Brown was 34 years old and worked as a wagon maker in Fayetteville. He was “at Fayetteville NC up to March 1865. When Genl. Sherman’s army came I left here with a part of the army went to Wilmington NC.  From there I went to Washington City in a Government Steamer remained there about 2 months and returned home about the middle of June 1865.  My place of residence was about 2 miles from Town. I bought the land before I was of age and took the deed in my mother’s name in order to secure her a home.”  The place was about 12 ½ acres, and he farmed as much as he could. He was conscripted in 1864 and put to work making wagons at the Confederate states arsenal.  Before that, he “was at work with the man [John W. Welsh] that I served my apprenticeship with.  He made wagons for the confederate government which I worked on being in his employment.”

All his property was taken on 11 March 1865 at 10 or 11 in the morning.  Soldiers came to his house at several intervals to take the horse, some fodder and shucks. Witnesses included his mother; his brothers “Laurance”, Washington and Benjamin; and his father, now deceased.

Lawrence Brown, bootmaker, was Nicholas Brown’s brother.  When the soldiers came, “my Father and I was in Fayetteville with my brothers horse and cart hauling corn from the River, corn that my Brother had bought in Bladen County and brought up on the steam boat.  The officer said, “Old man I must have this horse and cart. We have some things to haul.” My father said, “If you take this horse you will take all I have to make a living.” The officer said he could not help that and took it all.  Lawrence then went to his brother’s place about two miles north of Fayetteville and saw the yard full of soldiers taking his property.

George W. Brown, another brother, age 26 and a laborer, testified that he also witnessed the depredation, as did their mother and sisters Mariah, Mary Eliza and Wm. Ann.

Edinboro Scurlock, 45, of Fayetteville, also a wagonmaker, testified that he worked in a shop with Nicholas.  “He always talked in favour of the United States Government said the Southern people brought on the war because they were afraid that their slaves would be freed at some day.”

John W. Welsh, 54, blacksmith, testified that he had known Brown since 1858.  “He has been in my employment nearly all the time since 1858 he finished his apprenticeship with me he worked in my wood shop at wagon making.” “I had no conversation with him about the war he was but a boy at work in my shop.”

The Commissioner of Claims noted that Brown’s father was a slave and his mother free, “so he was free born.”

Despite our natural inclinations….

William Mayho, by his next friend, v. Edward Sears, 25 NC 224 (1842).

On 23 July 1805, John Moring of Surry County, Virginia, executed a deed of manumission for his slaves. Hannah, Patrick, Cherry, Jordan and Charlotte were to be freed immediately.  Isabel, Carter, Polly, Burwell, Maria and Willis were to be set free over the next 19 years, according to a set schedule. Thereafter, Moring moved to Orange County, North Carolina, bringing Polly with him. Prior to 1 April 1814 (her scheduled date of manumission), Polly gave birth to a daughter, who gave birth to plaintiff William Mayho in about 1830.  After 1 April 1814, Polly, her daughter and grandson lived by themselves and acted in every respect as free persons.  They were regarded as free people of color by their neighbors and recognized as such by Moring, until 1838, when he sold Mayho to Edward Sears.

The question before the North Carolina Supreme Court was whether Mayho’s mother was free at birth, or became so prior to his birth.  “There is a natural inclination in the bosom of every judge to favor the side of freedom, and a strong sympathy with the plaintiff, and the other persons situated as he is, who have been allowed to think themselves free and act for so long a time as if they were; and, if we were permitted to decide this controversy according to our feelings, we should with promptness and pleasure pronounce or judgment for the plaintiff.  But the court is to be governed by a different rule, the impartial and unyielding rule of the law; and, after, giving to the case an anxious and deliberate consideration, we find ourselves obliged to hold, that in the law the condition of the plaintiff is that of slavery.”  In other words, applying the laws of Virginia, Polly was still a slave when her daughter was born, making the daughter a slave, and Mayho a slave in turn.

Where are they now? No. 16.

Z.L. was born in the late 1970s in Chicago, Illinois.  She is descended from:

(1) Arthur Locklear [1831-??, NC/Indiana] via Andrew Locklear [1854-??, Ind.]

(2) Leasy Hagans [ca1800-ca1855, Nash/Wayne County] via Louisa Hagans [ca1824-ca1875, Wayne County] via Napoleon Hagans [1840-1896, Wayne County]

A faithfull & good servant.

ImageTo the Worshipfull County Court of Wayne

The petition of William Newsom humbly represents to your Worships that he is owner of a Negro man called Charles who has always conducted & demeaned himself as a faithfull & good servant who your petitioner is anxious to emancipate & intitle to the privileges of a free Citizen, he therefore prays your Worships to take the Case into consideration & do what appears to you right & proper & your petitioner will ever pray       William X Newsom

J.B.H. Martin

This undated petition is found among Wayne County Records of Slaves and Free Persons of Color, North Carolina State Archives.

We are pleased with him.

Wayne County Nov 16th 1852

To the Members Comprising both houses of the legislature for the State of North Carolina 1852

We the Undersigned Say to you as our representatives that we have a Coloured person living in Goldsboro whose name is Hilary Croom Ailias Coor who was born of a woman of reputable parentage though his father was reputed to have been a Slave of Colour We know the raising of Sd Croom and his Standing now he is Now of fair Standing he is one of the best blacksmiths we have he was born and raised in our County.  When he grew to be a Man he intermarried with a girl of colour the property of one Graddy Herring.  Soon after their Covenant as man and wife sd Herring Removed to the State of Alabama this Character Croom also moved with sd Herring after remaining there some years the legislature of the State of Alabama past a law that all Colourd person which were free Should leave that State within a certain period of time during this time this Citizen Croom purchased his wife and children of Sd Herring and J.B. Herring one of the Subscribers have seen his bill of Sale which can be produced at any time.  In consequence of which the said Croom returned back to his Native State and his wife and family with proper papers from Sd Herring showing he had purchased his Wife and Children.  When he returned to our State our Legislature had pasd a law to the purpost that all Coloured person which had left this State if They returned Should leave this State or forfeit a large sum. Now we are well acquainted with this man Croom he lived by our town Goldsboro in Wayne County we are pleased with him as a blacksmith we pray that he Sustains a fair industrious character he has [blank] children whose names are Ann Charles Temperance

We the undersignd knowing that under our present laws there are many coloured persons among us of more more bass character Must and does remain with us petition to you as our representative, that you pass and act which will be attended by our friend W.H. Washington that said Hilary Croom be Sufferd to remaine  with us that his above named Children before at their arriving to the age of twenty one years and Enjoy all the rights of Citizenship of their Colour to which we the Undersigned have assigned our names the above date.  Hillory X Croom, Benajah Herring, W.C. Bryan, Wm. Smith, L. Cogdell, Wm. Thompson.

The 1850 census of the South Side of the Neuse River, Wayne County, shows Hillery Croom, 41, blacksmith, with children Annie, 14, Charles, 13, Tempy, 10, and John, 9.  All were described as mulatto.  The 1850 slave schedule shows that Hillery owned two slaves, a 55 year-old woman and a 32 year-old man.

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.