LEGISLATURE OF NORTH CAROLINA.
… HOUSE OF COMMONS. [Saturday, Sept. 14, 1861.] Mr. Barringer, a bill authorizing Calvin McDaniel, a free negro, to enslave himself. Read and passed.
Weekly Standard, Raleigh, 18 September 1861.
NOTICE. There is in the common jail in Jones County, N.C., a negro man aged about 20 years, dark copper color, about 150 pounds, says his name is JOHN CARY, and came from Princess Anne county, Va., to Gates county, N.C., and worked with Nathan Parker for some time, then went to Craven county and worked on the Atlantic and N.C. R.R., then to Jones county. He says that he is free, but cannot make it appear, and also he is indicted as a free negro for migrating into the State. The owner is notified to come forward, prove property, pay charges, and take him away, or he will be dealt with according to law. J.H. NETHERCUTT, Sheriff. May 15, 1860.
Weekly Standard, Raleigh, 16 May 1860.
TAKEN UP & COMMITTED TO JAIL. In this place on the 6th day of November last, a Negro Man, between 30 and 35 years old, 5 feet 5 inches high, a dark mulatto, he has a small scar under his chin, he has lost two of his upper front teeth: he had with him when taken, a great many clothes, three coats of homespun, 6 or 7 shirts, 6 or 7 pairs of pantaloons, and 5 or 6 vests, a rifle gun, a Lapine Watch, and two gold breast pins.
He calls himself John Blair, and says he is a free man, and was raised in Charleston S.C. JOHN M. VANHOY, Jailor. Germanton, Stokes Co. N.C. 1837
Carolina Watchman, Salisbury, 18 Mar 1837.
A KIDNAPPING CASE.
On Friday last, a man whose name is supposed to be Elisha Kirkman, arrived here by the way of the Rail Road, bringing with him a black boy 14 or 15 years of age, whom he represented to be his slave. The next day he sold the boy, for $325, to Mr. R.H. Grant, of this town, giving the usual warrantee title to him, and signing the bill of sale John Parker. Soon after the purchase was a made and a check for the amount had been given, Mr. Grant questioned the boy as to where he came from &c., when the boy declared he was free, and gave this account of himself: That his name is Edward Bailey, and is a native of Guilford County, in this State, where his father, whose name is Samuel Bailey, and who is a bricklayer by trade, now lives. That the County Court of Guilford, some four or five months since, bound him until twenty-one years of age, to one Alvin or Alva Kirkman, That the man who brought him here is the brother of the man to whom he was bound, and that he bought his (the boy’s) time from his brother with two horses and a few dollars in money. That after he got him into possession, he brought him down the country, travelling with a horse-wagon, pretending that he was going to the sea-shore to get a load of oysters. That after they struck the Rail Road, somewhere near Rocky Mount, Kirkman threatened his life if he said otherwise than that he was his slave, and leaving the wagon, they came on here in the cars, Kirkman selling him as above mentioned.
After hearing this statement, Mr. Grant went in pursuit of Kirkman, and demanded to have the check which he had given him for the boy returned. He returned it readily. Mr. Grant then got out a process for his apprehension. – He was arrested as he was going on board one of the Charleston Steamers, to take passage on her, and committed to jail. He now acknowledges that the boy is free. On Monday he was examined before Justices Nichols and Peden, and in default of bail, was remanded to jail, to stand a trial before the Superior Court for New Hanover county. – Wilmington Chronicle of the 8th inst.
Carolina Watchman, Salisbury, 16 March 1848.
In the 1850 census of Southern Division, Guilford County: Samuel Baily, 53, black, laborer, wife Nancy, 35, and children James M., 7, and Mary Jane Baily, 5. Next door, the household of James Woody, a white blacksmith.
ADVERTISEMENT.
ON the 29th day of October last, came to the house of the subscriber, a negroman who says his name is BRANDY, and that he is a free-man that he was born in Guinea and carried to France, and afterwards to this country by Calu a Frenchman, about 12 or 18 months past, who landed at Beaufort. He is about 30 years of age, of a black complexion, about 5 feet 8 or 10 inches high, has the marks in the face of a guinea negro, I believe he speaks French pretty well. If any person has any lawful claim to the above mentioned negro I earnestly request that they will give me private notice of it, and upon information of his being a slave I will do my earnest endeavours to confine the said negro, as I shall be by his owner directed, as he is at this time at my house and says that he will stay there. NATHAN ARCHBELL. Beaufort county, Nov. 1st, 1800.
Edenton Gazette, 19 Nov 1800.
Mr. Baker moved for leave to bring in a bill to impower the Justices of the Inferior Courts to bind out Mulatto Children born of any white woman
Ordered that he have leave accordingly
Mr. Baker presented the aforementioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk. Then on Motion, Ordered that the said Bill lie on the Table for the perusal of the House.
From the Minutes of the Lower House of the North Carolina General Assembly, Tuesday, 25 Nov 1760, p. 495. Colonial and State Records of North Carolina.
TEN DOLLARS REWARD. The undersigned offers the above reward for his Free Papers, which were stolen from his house in Davidson county, on the 13th January, 1851. They were signed by John Shuman, Jr., certifying that I am free, and by J.M. Brown, J.P., with a certificate attached from the Clerk of the County Court, John Giles, by John H. Hardie, Deputy Clerk, and dated October 1, 1844. IRVIN FREEMAN. Feb. 1, 1851.
Carolina Watchman, Salisbury, 6 Feb 1851.
In the 1850 census of Northern Division, Davidson County: Irvine Freeman, 35, and wife Biddy, 34.
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.
State of North Carolina, Wayne County } August the 3rd 1853
Jesse Martin after being Duly Sworn Deposeth & Says as follows (viz) that he has known Fariby Simons a free Woman of Color for the last Sixty or Sixty five years and was Raisd within one of Two Miles of hir She was the first free Colord person he Recolects Ever saw and She was Cald free Fariby in the Neighborhood the Deponant further Sais She the Said Fariby Simons Never was considered to be a Slave the Said Fariby Simons livd with William Burnham She & Burnham would have a fawling out at Some times & she thretend to leave him Said Burnham and they would have to Compremise to Keep hir from leaving but She was concidered By all knew his that She was free & has Remaind So to the present time further the Deponant Sayeth Not August the 3rd 1853 then was the above written certificate of Jesse Martin Sworn to & Subscribed to before me George Flowers JP /s/ J Martin
Jesse Martin’s affidavit Evidence of Phereby Simmons freedom Recorded Aug 6 1853
Records of Slaves and Free People of Color, Wayne County Miscellaneous Records, North Carolina State Archives.
This is one of four sworn statements by whites attesting to Fereby Simmons’ freedom. They were recorded in Docket Recording Book 11, p. 346, with this notation: “The following papers were presented to the court & permission asked to have them Registered & Recorded for the better security of the evidence therein contained, the court doth therefore grant said request, let them be recorded.” Office of the Clerk of Superior Court, Wayne County Courthouse, Goldsboro.
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.
Fourth Generation Inclusive 