Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Legislation

April 18, 2013

No victuals-selling or butter-buying.

TOWN ORDINANCE.

At a meeting of the Commissioners of the Town of Hillsborough, held on Tuesday evening, August 3d, it was ORDERED, That the Ordinance of March 13th be so altered, that the Magistrate of Police shall not be authorized to issue any new licence to any slave or free negro, to sell victuals at the Depot, after this date, or to any white person without the payment of five dollars per month.

And it is further ordered, That no slave or free negro shall be permitted to buy chickens, butter, eggs, or other provisions, for the purpose of selling again, under the penalty of twenty lashes, if a slave, or a fine of ten dollars if a free negro, for every offence.   Teste, DENNIS HEARTT, Town Clerk.   August 5.

Hillsborough Recorder, 5 August 1863.

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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

Expediency.

Legislature of North-Carolina.

SENATE.  Wednesday, Nov. 23.

…

Mr. Montgomery, of Hertford, submitted the following resolution, which was adopted:

Whereas much inconvenience and unnecessary expenditure of public money has been the result of trying free negroes and mulattoes by a jury: to remedy which,

Be it resolved, That the Judiciary committee be instructed to inquire into the expediency of passing a law to constitute three justices of the peace to try free negroes and mulattoes for all offences against the State, other than capital, without the intervention of a jury; and that they report by bill or otherwise.

Star, Raleigh, 3 December 1829.

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April 17, 2013

An act to emancipate Abel and Patsey Payne.

An Act to emancipate Abel Payne and his wife Patsey, slaves

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 Abel Payne and his wife Patsey, the property of Joshua Carman, of the county of Cumberland, be, and they are hereby, with the consent and at the request of their said owner, emancipated and set free; and by the names of Abel and Patsey Payne, 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 slaves shall be emancipated, their said master, Joshua Carman, shall give bond and good security, in the sum of five hundred dollars, to the Governor and his successors in office, in the court of Cumberland county, that the said slave shall honestly and correctly demean themselves 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 mal conduct of such said slave. [Ratified 2d day of January, 1847]

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

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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 11, 2013

An act to emancipate Louis.

An Act to emancipate Louis, a slave, the property of James Dunn

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 Louis, a slave, the property of James Dunn, of Cumberland county, be and he is hereby, with the consent and at the request of the said owner, emancipated and set fee, and by the name of Louis Dunn shall hereafter possess and excercise 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 owner shall give bond with good sureties in the sum of five hundred dollars, payable to the Governor of the State and his successors in office, that the said slave shall honestly and correctly demean himself while he remains in this State, and not become a county charge; which bond shall be filed in the office of the clerk of the court of pleas and quarter sessions of Cumberland county, and may be sued upon in the name of the governor for the time being, to the use of the county or persons injured by a breach thereof. [Ratified 16th day of February, 1855]

Chapter 113, Public and Private Laws of North Carolina Passed by the General Assembly 1854-55, North Carolina State Archives.

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April 7, 2013

Void and of no effect.

AMENDMENTS to the Constitution of the State of North Carolina.

ARTICLE III.

So much of the constitution as entitles free persons of colour to vote for members of the Senate, and of the House of Commons, is hereby made void and of no effect.

Proposed amendments published in Carolina Watchman, 23 March 1833.

[Sidenote: Free people of color ultimately were stripped of the right to vote in 1837. — LYH]

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April 2, 2013

No tax, no teaching.

29. No county court shall tax any free person of color for the support and maintenance of common schools; and no person descended from negro ancestors to the fourth generation inclusive, shall be taught in said schools.

From Chapter 27, Public and Private Laws of North Carolina Passed by the General Assembly 1854-55, State Library of North Carolina.

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April 1, 2013

To prevent him being sold into slavery.

Chap. 486.

AN ACT to remunerate James Bennett for expenses incurred and services rendered in procuring the release of Anthony Adams, a colored citizen of this State, from imprisonment in the jail of Edenton, North Carolina, to prevent him being sold into slavery.

Passed April 15, 1857, three-fifths being present.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The treasurer shall pay on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, to James Bennett, the sum of two hundred and sixty-eight dollars, being four dollars per diem for eighteen days service, and for moneys expended in procuring the release of Anthony Adams, a free colored citizen of the town of Deerpark, county of Orange, state of New-York, from the jail of Edenton, state of North Carolina, where he was confined.

Sec.2. This act shall take effect immediately.

Laws of the State of New-York Passed at the Eightieth Session of the Legislature, Vol. II (1857).

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March 26, 2013

An act to emancipate Isaac.

An Act to emancipate Isaac, 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 Isaac, a slave, the property of Robert Belden, of the county of Cumberland, be, and he is hereby, with the consent and at the request of his said owner, emancipated and set free; and, by the name of Isaac Belden, 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 county court of New Hanover 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 mal conduct of said slave. [Ratified 14 December, 1836]

Chapter LXV, Private Laws of North Carolina Passed by the General Assembly 1836-37, State Library of North Carolina.

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