Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Legislation

Concerning the emancipation of Chaney Moreman.

Whereas at the Autumn Term in 1833, of the Superior Court of Anson county, upon the petition of Benjamin Pratt, praying for the emancipation of Chaney Moreman, a slave, the property of said Benjamin Pratt, for meritorious services, such proceedings were had, that the said court, upon due proof of the matters stated in the said petition, did grant the prayer thereof, and did order, adjudge and declare the said Chaney to be emancipated, and entitled, by the name of Chaney Moreman, to all the privileges of a free born negro; and whereas the said petition and the memorial and record of the said proceedings have been lost or destroyed, and from the length of time since the said judgement was entered, doubts are entertained whether the said court can order the same to be now entered up as of the said term; and whereas, also, from the nature of the case, it is doubtful whether suit can be properly instituted for relief in a court of equity; and whereas the case is one of hardship and likely to result in injustice, without some provision by law in that behalf; for remedy whereof,

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 it shall and may be lawful for the said Superior Court of Law, either at the next succeeding spring or autumn term, upon the application of the said Chaney Moreman, to receive evidence of the contents of the said petition and the proceedings and judgment hereupon, and of the loss or destruction of the papers or other memorial thereof; and upon satisfactory proof of such loss or destruction and of the contents of the said petition and other proceedings, to order and direct the said petition, proceedings and judgment to be enrolled in the said court, as a record of the term when the said proceedings were had and the said judgment rendered.

II. Be it further enacted, That upon sufficient proof being made, either by parol or record, that a decree of emancipation was ordered by the court agreeable to the petition of said Pratt, and that the clerk of the court shall have neglected to enter the same on record as ordered, that upon the said proof being made, the judge of the court shall order the decree to be entered nunc pro tunc as aforesaid.

Chapter X Page 157, Public and Private Laws of North Carolina 1833-34, North Carolina State Library.

 

He wishes to become a slave.

North Carolina State Convention.

The resolution to allow Elizabeth Chavis and child, free colored, to enslave themselves, was read the second time and referred to the committee on free negroes.

Weekly Standard, Raleigh, 26 June 1861.

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LEGISLATURE OF NORTH CAROLINA.

HOUSE OF COMMONS.

Mr. Davenport introduced a bill to authorize the voluntary enslavement of Wyatt, a free man of color. The bill was accompanied by a memorial, setting forth that said Wyatt wishes to become the slave of C.A. Featherstone, of Gaston county. Referred to the committee on propositions and grievances.

Weekly Standard, Raleigh, 3 December 1862.

To enslave herself.

LEGISLATURE OF NORTH CAROLINA.

HOUSE OF COMMONS.

By Mr. Green, of Franklin, a memorial from Ellen Ransom, a free woman of color, of Franklin county, to be allowed to enslave herself for life to Leonidas Perry.

Weekly Standard, Raleigh, 12 December 1860.

In the 1860 census of Franklinton, Franklin County: Susan Ransom, 75, washerwoman, daughter Ellen, 26, her children Marcellus, 9, and Susan, 7, and Henrietta Mason, 15.

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Legislature of North Carolina.

HOUSE OF COMMONS.

By Mr. Ewell, a bill to permit Celia Lynch, a free woman of color, to enslave herself for life. Referred to committee on propositions and grievances.

Weekly Standard, Raleigh, 19 December 1860.

An unfavorable report.

Mr. Montgomery, of Hertford, from the same committee [on propositions and grievances], to home was referred the petition of sundry citizens of Anson county, praying the passage of an act, to permit Ralph Freeman, a freeman of color of said county, to exercise the privileges and functions of a preacher of the Gospel, made an unfavorable report thereon, and asking to be discharged from the further consideration of the subject, in which report the Senate concurred, and the committee was discharged accordingly.

Journals of the Senate and House of Commons of the General Assembly of the State of North Carolina at the Session of 1832-33 (Raleigh, 1833).

A grievance so oppressive.

To the Honorable the General Assembly of the State of North Carolina.

Your petitioners coloured persons citizens of this State would approach your Honorable Body with all the defference & respect due to the Character of representatives of the People

They beg leave to state that some of them whose names are assigned to this petition bore an honorable part in the seven years War which established the Liberties of their Common Country: That during that eventful period they were taught to believe that all men are by nature free & equal, and that the enjoyment of life, liberty and property aught to be secured alike to every Citizen without exception & without distinction.

With these views they need not attempt to express to your Honorable Body the deep concern with which they learned of the passage of A Law at the last Session of the Legislature by which their lives & liberties are virtually placed at the mercy of Slaves. They would ask of your Honorable Body whether their situation even before the Revolution was not preferable to one in which their dearest rights are held by so slight a tenure as the favour of Slaves and the will & caprice of their vindictive masters: for it cannot escape the notice of your Honorable Body that persons of this description are bound to a blind obedience, and know no Law, but the will of their masters:

Your petitioners will not believe that your Honorable Body will hesitate to lend a compassionate ear to their well-grounded complaints, and to redress a grievance so oppressive to them, and so wholly incongenial with the spirit of our republican government

They therefore humbly pray your Honorable Body that the Act of the last Session of the Legislature making Slaves competent witnesses against them in Criminal Cases may be repealed.

/s/ Alien Brown, John X Rutniel, William Brown Senr, William Smith, James Smith, John Stafford, Willis W. Leer, William Weaver, Wiley Cotton, Larrance Weaver, Richd Cotton, Elias X Weaver, John X Flood, Whitmill Cavers, Dannel Copland, William Weaver, Micaiah Cotton, Reubin Trumbil, James Runeals, Phillip X Jones, John Manley, Jerra Reed, Thomas Weaver, Benjamon Copeland, Samuel X Flood, David X Boon, William Known Jnr., John Weaver, Isaac C. Hall, David Milton, Deanel Garner, Moses Manly, Dempsy X Flood, John Sears, Briton X Read, Jesse Weaver, James Reynolds, John Bizzell, Alien Hall, Orren Wyott, Kinston Robbins, William Manly, Malichia Neckins, Bryant Manley, William Hirass, William Weaver, John Weaver, Natthanuel Dolby, Jesse Flood, Shadrack Reed, Charles Weaver, Harvy Washington Hall.

[At left edge: Petition of Coloured persons to Legislature]

Appended to this petition is a supporting petition signed by 84 white citizens of Hertford County.

General Assembly Session Records, November-December 1822, Box 4, North Carolina State Archives.

Chieftains and headmen of the Tuscarora, on behalf of their nation.

CHAPTER XXIX.

An Act for confirming a lease made by the Tuscarora Indians to Robert Jones, jun., William Williams and Thomas Pugh, Esquires.

I. Whereas, a number of the Tuscarora Indians, being desirous of moving themselves from their lands on Roanoke river, in Bertie county, in this province, and settling and incorporating themselves with the nations of Indians on the River Susquehannah; and whereas, the said Tuscarora Indians, in order to defray the expence of removing themselves and their effects from this province to the settlements on the river Susquehannah, did, on the twelfth day of July, in the year one thousand seven hundred and fifty-six [sic], for the consideration of fifteen hundred pounds, proclamation money, before that time paid and advanced to them, the said Tuscarora Indians, by the said Robert Jones, William Williams and Thomas Pugh, by an indenture under the hands and seals of James Allen, John Wiggins, Billy George, Snip Nose George, Billy Cain, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Basket, Billy Owen, Lewis Tuffdick, Isaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Sockey, Billy Cornelius, John Seneca, Thomas Basket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, James Mitchell, Captain Joe and William Pugh, chieftains and headmen of the said nation of Tuscarora Indians, for and on behalf of themselves and the rest of the Indians of the said Tuscarora nation, on the one part, and the said Robert Jones, William Williams and Thomas Pugh, of the other part, did demise, grant and to farm let, a certain dividend of land, situate and lying on Roanoke river, in the county aforesaid, containing about eight thousand acres, be the same more or less, and bounded as follows, to-wit: Beginning at the mouth of Deep creek, otherwise called Falling run, thence running up the said creek to the Indian head line; hence by the said line south fifty seven degrees east one thousand two hundred and eighty poles; thence a course parallell with the general current of the said creek to Roanoke river aforesaid, and up the river to the beginning; together with all trees, timber trees, woods, underwoods, ways, waters and appurtenances whatsoever, to the said dividend, tract or parcel of land belonging or in any wise appertaining; to have and to hold the said dividend, tract or parcel of land, with all and singular the appurtenances unto the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators or assigns, without impeachment of waste, to be by the said Robert Jones, William Williams and Thomas Pugh, respectively, their executors, administrators and assigns, held and enjoyed in severalty; that is to say, one third part of the said dividend, tract or parcel of land, into three equal parts to be divided, unto the said Robert Jones, his executors, administrators and assigns; one other third part thereof, the same into three equal parts to be divided, unto the said William Williams, his executors, administrators and assigns; the remaining third part thereof, the same into three equal parts to be divided, unto the said Thomas Pugh, his executors, administrators and assigns; from the said twelfth day of July, in the year aforesaid, for and during the term of one hundred and fifty years from thence next ensuing, and fully to be compleated and ended, the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators and assigns, yielding and paying therefor yearly, and every year during the said term, to the said Tuscarora Indians and their assigns one pepper corn, if demanded, at or upon feast of St. Michael the archangel.

Excerpt from Acts of the North Carolina General Assembly, 1766. Colonial and State Records of North Carolina, http://docsouth.unc.edu

Penalties for gaming and gathering.

ORDINANCES. From and after the 20th Instant, the following Ordinances will be rigidily [sic] enforced. By Order of the Commissioners, NATHAN TISDALE, C.C.

Newbern, June 16, 1827 – ‘82 83.

“In order to prevent as much as possible all indecent, riotous and scandalous behavior of free negros and slaves, It is hereby ordained, that if any negroes or mulattoes shall be found gaming at fives cat, or other games on Sundays, or shall be seen gathering together in the streets, or other places, at any time, in a quarrelsome, riotous, or disorderly manner, each of them shall, for every such offence, on conviction before a Magistrate, or the Intendent of Police, at his discretion, suffer the punishment of twenty four hours imprisonment, or whipping, not exceeding thirty-nine lashes on his or her bare back.  Passed 10th July, 1801.

Newbern Sentinel, 16 June 1827.

An act to emancipate Samuel Macky.

An Act to emancipate Samuel Macky, a slave

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 Samuel Macky, a slave, the property of John S. Pearson, of Cumberland county, be, and he is hereby, with the consent and at the request of the said owner, emancipated and set free; and by the name of Samuel Macky, shall hereafter possess and exercise all the rights and privileges which are enjoyed by other free persons of color in this State : Provided nevertheless, That before said slave shall be emancipated, his said master shall give bond and good security to the Governor and his successors in office, in the court of Cumberland county, in the sum of five hundred dollars, that the said slave shall honestly and correctly demean himself as long as he shall remain in the State, and shall not become a parish charge; which bond may be sued upon, in the name of the Governor for the time being, to the use of the parish, and of any person injured by the malconduct of such said slave. [Ratified 7th of January, 1847]

Chapter CLX, Public and Private Laws of North Carolina Passed by the General Assembly 1846-47, North Carolina State Library.

To enforce payment of taxes.

The General Assembly of this State adjourned sine die on Saturday last. The following is a list of the Public Acts passed during the Session.

3. More effectually, to enforce the payment of taxes from free Negroes and Mulattoes. [Provides, that the owners of land, on which free negroes and mulattoes reside, with their permission, shall be liable for the public county and parish taxes of said negroes and mulattoes; and for refusal or neglect to give them in as free polls, in their list of taxables, to be liable to the same penalty as for a neglect or refusal to give in their own list.]

North Carolina Sentinel, New Bern, 17 January 1829.

An act to emancipate Joe.

An Act to emancipate Joe, a slave

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 Joe, a slave belonging to Sophia L. Smith, executrix of David Smith, deceased, late of Cumberland county, is hereby, with the consent and at the request of his said owner, emancipated and set free; and by the name of Joseph Hostler shall hereafter possess and exercise all the rights and privileges which are enjoyed by other free persons of color within this State: Provided, nevertheless, that before such slave shall be emancipated, the petitioner shall give bond and good security to the Governor and his successors in office, in the County Court of Cumberland county, that the said slave shall honestly and correctly demean himself as long as he shall remain in the State, and shall not become a parish charge; which bond may be sued upon in the name of the Governor for the time being, to the use of the parish and of any person injured by the malconduct of such slave.

Chapter CVII, Public and Private Laws of North Carolina, 1833-34, North Carolina State Library. 

Joseph Hostler married Hannah McKay on 20 November 1839 in Cumberland County. In the 1840 census of Fayetteville, Cumberland County, he appears as the head of a household that includes one free colored male aged 36-54, one male aged 10-24, and one female aged 10-24, plus two slaves.  In the 1850 census of Fayetteville, Cumberland County: Hannah Ragland, 75, born in Virginia; Joheph [sic] Hostler, 44, barber; wife Hannah, 34; and children Geo. R., 9, Margaret A., 7, Susan B., 6, Sarah E., 5, and Mary E., 2; plus Ann E. Thomas, 13, all born in NC.  In the 1860 census of Fayetteville, Cumberland County: Hannah Hostler, 46, seamstress, and children Geo., 20, barber, Margaret, 18, seamstress, Susan, 16, Sarah, 14, Mary, 12, William, 10, Caroline, 8, and Henry, 3. (Next door: Abel Payne and his family.)