Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Free Women of Color

April 25, 2013

He may or may not be the child’s father; she has no right to say.

State v. Barrow, 7 NC 121 (1819).

A man charged as the putative father of a “bastard child” is entitled to offer evidence that the mother of the child is “of mixed blood” within “the fourth degree” and therefore excluded by law from testifying against him. Case remanded to the county court to hear defendant’s Barrow’s evidence and determine the competency of the witness.

State v. Thomas Long, 31 NC 488 (1849).

This case arose in Martin County. In May 1848, Lucinda Simpson swore before two magistrates that Thomas Long was the father of her unborn child. The magistrates issued a warrant for Long to appear at the next term of court. He moved to dismiss the proceedings “for the reason that Lucinda Simpson was a woman of mixed blood, within the fourth degree, and therefore incompetent to give testimony against a white man.” The case was dismissed, but Simpson swore again in October 1848 (apparently after the child was born) that Long was the father. Long again succeeded in getting the matter quashed. The decision was upheld in Superior Court and appealed to the State Supreme Court. Double jeopardy; judgment affirmed.

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April 21, 2013

She seems not to have a sound mind.

Was committed to the Jail of Greenville county, on the 15th inst. a yellow woman, who says her name is Rachel Patterson, that she was raised by Churchwell Anderson, and that she is a free woman. She appears to be about twenty three or four years of age, gives very various and contradictory accounts of herself, and seems not to have a sound mind. The owner will come forward, prove his property, pay charges and take her away.  DAVID MITCHELL, Jailor.  July 27, 1816.

Raleigh Minerva, 26 July 1816.

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April 20, 2013

They ran off and was married in an old field.

State of North Carolina, Halifax County    }  On this 20th day of May, 1846, personally appeared before me Lemuel P. Johnston an acting Justice of the Peace in and for the County aforesaid, Mrs. Winaford Holley, a resident of said County and State, aged eighty eight years, who being first duly sworn according to law, doth, certify that She was an eye witness to the marriage of Drury Walden to his wife Elizabeth, whose maiden name was Elizabeth Harriss; that they ran away and was married some time in the year (1780) Seventeen hundred and eighty (she well remembers) in an old field a little from the Road, in the County of Northampton North Carolina, by Herbert Harris, who was, at that time, an acting Magistrate in Said County of Northampton; and that the said Drury and wife (after their intermarriage) took supper that evening, at her Winaford Holley’s Mother’s House. That she well recollects, that at the time of the aforesaid Marriage (To Wit) in the year (1780) her husband Jesse Holley, was then a soldier in the army.

She further certifies that upon her oath, that the said Drury Walden’s family, and his wife, the aforesaid Elizabeth’s family, were at (the time of their intermarriage,) living within an half Mile of her Mother’s house; and that she very well remembers, that the aforesaid Drury Walden, did serve one, and she believes two tours in the Army of the Revolution, after he intermarried with the aforesaid Elizabeth Harriss, for all of the above named families, were living at the same places, that they were, at the time of the aforesaid marriage, when the said Drury Walden returned home, from the service; and that she saw him, when he arrived at home from the said service.   Winafred X Holley

Sworn to and subscribed on the say and year above written before me  L.P. Johnston

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April 19, 2013

She hath been arrested.

State of North Carolina Chatham county

We Lucretia Evans & Philip Hartsoe, acknowledge ourselves indebted to the State of North Carolina in the sum of Fifty pounds each, to be levied on our goods & chattles, Land & tenaments, But to be void on condition that the said Lucretia Evans makes her personal appearance at the next county Court for Chatham to be held on 2nd Monday of August next, and not depart the said court without leave, and to answer the within charge – This 25th June, 1826.   Lucretia X Evans {Seal}

Teste. Jon: Haralson , Philip Hartso

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State of North Carolina, Chatham County

Thos. Lasater, one of the Justices of the peace for the said County To the keeper of the common Jail of the County af’d.

Whereas Lucretia Evans a free woman of the County af’d. hath been arrested by the lawful authority of the af’d County and brought before me charg’d with entering the house of Vicy Mason and feloneaus stealing and carrying away a web of cloth for which offence she has been duly examined before me and the presumption is she is guilty thereof.

These is therefore to command you the keeper to receive the said Lucretia Evans in your Jail there to remain until she shall be delivered by due course of law, given under my hand this 26th of June 1826   Thos. Lasater

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

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April 17, 2013

Acts to emancipate Silvia and Violet.

An act to emancipate a Negro called Silvia.

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 a certain Negro girl named Silvia, belonging to the estate of Abraham Bass, late of the County of Nash, be, and she is hereby emancipated and made capable of taking, holding and possessing property of every kind, and of enjoying all such priveleges as all other free persons of color.

And be it further enacted that the above named girl shall be known and called by the name of Silvia Spears: Provided always, that this act shall not affect the right which any person or persons may have to the service of and property in said girl Silvia, except such person or persons as may claim by, from or through the said Abraham Bass.

And be it further enacted, that nothing in this act contained shall be construed so to authorise the emancipation of the said girl Silvia, until Thomas Hamilton shall have entered into bond with sufficient security, in the sum of two hundred and fifty pounds, make payable to the Chairman of the County Court of Nash and his successors in office, to be void on condition that the said Silvia will never become a charge or burthen to any of the counties of this State.

Chapter XCVII, Public and Private Laws of the State of North Carolina, 1803-1816, North Carolina State Library.

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An act to emancipate a Negro girl named Violet.

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 a certain Negro Girl named Violet, late the property of Abraham Bass, late of the County of Nash, daughter of Silvia, who was emancipated by an act of the Legislature at its last session, be, and she is hereby emancipated and made capable of taking, holding and possessing property of every kind, and enjoying all such privileges as all other free persons of colour.

And be it further enacted, that this act shall not affect the right of which any person or persons may have to the service of, and property in said Girl Violet, except such person or persons as may claim by, from, and through the said Abraham Bass, deceased.

And be it further enacted, that nothing in this act contained shall be so construed as to authorise the emancipation of the said Violet, until Thomas Hamilton shall have entered into bond with sufficient security in the sum of two hundred and fifty pounds, made payable to the Chairman of the County Court of Nash, and his successors in office, to be void on condition, that the said Violet never become a charge or burthen to any of the Counties in this State.

And be it further enacted, that the above named Negro Girl called Violet, shall be known and called by the name of Violet Spears.

Chapter LXL, Public and Private Laws of the State of North Carolina, 1803-1816, North Carolina State Library.

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April 17, 2013

She shall be set free and taken care of.

In the Name of God Amen. I Abraham Bass of Nash County being of perfect mind and memory do this seventeenth day of June in the year of our Lord 1803 make and ordain this my last will and testament in manner an form following to wit:

Item: I give and bequeath to Ann Rose wife of Thomas Rose ten pounds current money.

Item: I give and bequeath to Ann Moore wife of Collum Moore Ten pounds current money.

Item: I give and bequeath to Charity Rogers daughter of Robert Rogers deceased ten pounds current money.

Item: I give and bequeath to Mourning Rogers daughter of Robert Rogers deceased ten pounds current money.

Item: I give and bequeath to Zona Rogers daughter of Robert Rogers, ten pounds current money.

Item: I give and bequeath to my grandson Jordan Bass one still.

Item: I give and bequeath to Thomas Hamilton one Negro woman named Little Rose also one blue chest.

Item: I give and bequeath to my daughter Elizabeth Bridgers one horse called Charlemain, one sadle and bride, and one bed and furniture her choice.

Item: My desire is that my Negro girl named Sylvia shall be set free and that Thomas Hamilton should have the care of her until she is twenty one years of age.

Item: My desire is that all the rest of my estate both real and personal not all ready given away to be sold and after paying the above legacys and debts to be equally divided between Elizabeth Bridgers and Zion Bass Heirs and John Bass Heirs in the following manner to wit: the one half of the whole of the sweeping legacy to Elizabeth Bridgers.

Item: The other half to be divided in the following manner between Jordan Bass, Polly Parker, Quinne Bass, Aldin Bass, Kitchen Bass, John Bass and Mourning Floyd.

Item: My will is that Polly Parker part of legacy shall be discretionary with my executors whether they pay her or not, until the expiration of six years.

Item: My will and desire is that if Fed Floyd husband of Mourning Floyd ever brings a lawsuit against my self or my executors for any part of my estate his part then to be only forty shillings and balance over and above the forty shillings to be for the use of supporting the said lawsuit.

Item: I constitute and appoint William Bridgers Jesse Bass and George Boddie executors to this my last will and testament and I pronounce this to be my last will and testament and no other.  /s/ Abraham Bass

Signed sealed and published in the presents of us

D. Sills, Lucy Boddie

Will Book 1, Page 157, Office of Clerk of Superior Court, Nash County Courthouse.

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April 16, 2013

An act authorizing him to free his wife and son.

An Act authorizing John Malone, a free man of color, to emancipate his wife and son, upon certain conditions herein mentioned.

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 John Malone, a free man of color, in the county of Wake, be, and he is hereby authorized to emancipate from slavery, Cherry, his wife, and Edmond, his son, who are the slaves of the said John Malone; and that the said Cherry, by the name of Cherry Malone; and the said Edmond, by the name of Edmond Malone, shall thence-forth be free and have and enjoy the same rights and privileges as if they had been born free in this State, and may at their pleasure continue to reside in North Carolina; any law to the contrary notwithstanding; Provided, That the said Edmond Malone shall be, after his emancipation, considered in law the legitimate son and heir of said John Malone, and capable in law to succeed as such to the property, real and personal, whereof the said John Malone may die siezed and possessed, without devising it, or otherwise conveying it to others, in all respects, as though the said Edmond had been born in lawful wedlock of the body of the lawful wife of the said John Malone; and provided further, That the said John Malone shall in due form of law intermarry with said Cherry Malone, and make her his lawful wife, on the same day that she shall be emancipated by him from slavery.

Sec. 2. Be it further enacted, That before the said John Malone shall emancipate the said slaves Cherry and Edmond, and as a precedent condition to give the said act of emancipation effect in this State, the said John Malone shall give a bond, in the penal sum of five hundred dollars, payable to the State of North Carolina, and conditioned that the said slaves, Cherry and Edmond, shall each be of good behavior during his or her residence in the State, and that neither of them shall, after their emancipation, become chargable to the county or any parish or county in North Carolina; and further conditioned, that the said John Malone will renew the said bond, with approved security when it shall at any time be required by the county court of Wake; and the clerk of the county court of Wake, under the written approbation of any two justices of the peace or the county court of Wake, may take the first bond, and the said John Malone shall give one or more good and approved sureties to the said bond, as well the one executed at first, as any other given in renewal thereof. [Ratified 2nd of January, 1847]

Chapter CLXII, Public and Private Laws of North Carolina,1846-47, North Carolina State Library.

In the 1850 census of Raleigh, Wake County: John Malone, 58, livery stable keeper, born Virginia; wife Cherry, 49, born NC; son Edmond, 30; plus Elisabeth Hinton, 22, Sarah J. Leary, 21, William Laws, 17, James Roe, 18, Bryant Smith, 14, Elijah Rollins, 9, Burtie Morgan, 11, Aribella Smith, 13, Virginia Somerville, 9, and James Harriss, 22.

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April 15, 2013

She thinks this a great hardship.

To the worshipful Justices of the Court of Pleas and Quarter Sessions of Brunswick County

The Petition of Temperance Chavers humbly sheweth that she has raised two Boys Billy and Elick from their birth to the present time with much difficulty trouble & expence and that just as they are Beginning to remunerate her by plowing & other services She is threatened with their being bound out which She thinks a Great hardship but if the law of the State required She humbly beseeches that they may be bound to Geni: Smith in whose justice to raise them properly and have them taught useful Trades She can Confide – Your worships granting this will be an alleviation to her Distress & She as in duty bound will ever pray &ca:  Temperance X Chavers    Jan: 27th: 1810

Witness Ben. B. Smith

Apprentice Bonds and Records, Brunswick County Records, North Carolina State Archives.

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April 13, 2013

I think they will aim for Washington or New Bern.

Ten Dollars Reward.

Ranaway form the Subscriber on Sunday, the 19th instant. A bright Mulatto Man named Mark. About 42 or 42 years of age, five feet 10 or 11 inches high; straight and stout built; a good countenance; a film coming on his left eye – had two or three pair of homespun Jackets and Trowsers, some of them filled with wool and dyed purple. He went off with a free mulatto woman by the name of Dill Moore, who has a free pass, and I expect she has procured one for him also. I think they will aim for Washington or Newbern, for the purpose of obtaining a passage on board some vessel bound for a Northern port. Should Dill Moore take a passage for herself only, she probably may have the man put on board privately. The above reward will be paid to any person who will deliver the said Mark to me, or secure him in any prison so that I can get him again.

Masters of vessels and all other persons, are hereby forbid to harbor, employ or carry off the said Mark, as I will prosecute with vigour the person so offending.  JAMES HANRAHAN. Washington’s Ferry, Pitt County. April 25, 1829.

North Carolina Sentinel, New Bern, 13 June 1829.

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April 12, 2013

Charles & Frances Wynn.

ImageCHARLES WYNN was born about 1842, probably in northern Duplin or southern Wayne County, to Levi Wynn and his wife, Bertha. FRANCES ALDRIDGE WYNN, probably born in southern Wayne County, was the daughter of John Matthew Aldridge and Catherine Boseman (or Simmons) Aldridge. They are buried in the cemetery of First Congregational Church, Dudley, Wayne County.

Photo taken by Lisa Y. Henderson, March 2013.

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