Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Legislation

March 15, 2013

An Act to Emancipate Phillis.

CHAPTER XVIII.

An Act to Emancipate a certain Negro Slave named Phillis, late the Property of George Jacobs, of the town of Wilmington, Deceased.

Whereas it is represented to the General Assembly that the aforesaid George Jacobs, deceased, in his last illness, did earnestly request that his negro slave named Phillis should be liberated for her great attention to her said master during her continuance with him, and more especially for her care and assiduity in his last illness: In order therefore to carry into effect the dying request of the said George Jacobs, deceased:

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 from and after the passing of this Act, the aforesaid negro woman named Phillis, shall be emancipated and forever discharged from her bondage, in as full and ample manner as if she had been born free; any law, usage or custom to the contrary notwithstanding: And the said negro woman shall forever hereafter be known by the name of Phillis Freeman.

Acts of the North Carolina General Assembly, 1788, Colonial and State Records of North Carolina. 

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March 11, 2013

39 lashes for preaching to slaves.

[1831, chap. 4, sec. 1. Slaves and free negroes not to preach in public.]

36. It shall not be lawful under any pretence for any slave, or free person of colour to preach or exhort in public or in any manner to officiate as a preacher or teacher in any prayer meeting, or other association for worship where slaves of different families are collected together; and if any free person of colour shall be thereof duly convicted on indictment before any court having jurisdiction thereof, he shall, for each offence, receive, not exceeding thirty-nine lashes on his bare back; and where any slave shall be guilty of a violation of this act, he shall, on conviction before a single magistrate, receive not exceeding thirty-nine lashes on his bare back.

No. 105, An Act Concerning Slaves and Free Persons of Color. Revised Code of North Carolina, 1855.

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March 11, 2013

An Act to Emancipate Certain Negroes.

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, Colonial and State Records of North Carolina.

 

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March 9, 2013

An Act to Emancipate Hannah.

CHAPTER LVIII.

An Act to Emancipate Hannah, Alias Hannah Bowers, a Person of Mixed Blood, Belonging to the Estate of the Late Alexander Gaston Deceased.

Whereas it appears to this General Assembly, That the late Alexander Gaston, of the town of New Bern, did in his lifetime frequently express a desire that the said girl Hannah should be set free, and did certify the same in his own handwriting, which certificate has been since found among the papers of the deceased: And whereas the widow of the said Alexander Gaston has also signified her desire that the said girl should in compliance with her husband’s wishes in his lifetime be set free:

I. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by authority of the same, That the said molatto girl called Hannah, alias Hannah Bowers, shall be, and is hereby declared to be emancipated and made free to all intents and purposes, and shall be entitled to all the privileges and benefits of a free person in as full and absolute manner, as if she the said Hannah had been born of a free woman. (Passed Jan. 6, 1787.)

Acts of the North Carolina General Assembly, 1786-1787, Colonial and State Records of North Carolina. 

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March 8, 2013

An Act to Emancipate Caesar.

CHAPTER XLVIII.

An Act to emancipate Caesar, formerly a Servant of Samuel Yeargan, Deceased.

Whereas by the last will and testament of Samuel Yeargan, deceased, late of the county of Warren, he did desire in his said will that a certain negro man of his property, should after the death of his daughter Anne Alston, wife to William Alston, of Chatham county, be set free, for and during the full-term of fifty-five years: And whereas the said Anne being now dead, it is thought just and right the said last will and testament should be adhered to:

I. Be it therefore enacted by the General Assembly, That from and after the passing of this Act, that the aforesaid Caesar shall and may be at his own liberty, for and during the term mentioned in his master’s will, upon the same footing, and under the same restrictions as other free negroes are intitled to in this State, and shall be known and called by the name of Caesar Henry; any law to the contrary notwithstanding. (Passed Jan. 6, 1787.)

Acts of the North Carolina General Assembly, 1786-1787, Colonial and State Records of North Carolina. 

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March 6, 2013

Chapter 107. Slaves and Free Negroes, section 11.

11. Free negroes to procure like certificates. Penalty for neglect.  Free negroes working in any of said swamps [“the Great Dismal Swamp, or in the swamp which lies between Lees’ mill in the county of Washington, and Pamlico river in the county of Beaufort, or in the swamp which lies between Juniper creek, and the lands of Charles Pettigrew, in the county of Tyrrell”] shall procure from the clerks of the proper counties, a similar description of themselves, certified as above directed, and keep it ready at all times when so engaged to be exhibited. And if any free person of color shall willfully work in any of said swamps without such copy, he shall be deemed guilty of a misdemeanor; and, on conviction, may be punished at the discretion of the court, by fine, whipping, and imprisonment, or any of them.

The description of the swamps is found in section 10, as are the specifications for the document free colored workers were required to carry: “an exact description of the [person,] specifying the name and residence of the person intending so to employ the [person,] the height, complexion, and every peculiar mark of description … and such written description shall be entered by the clerk of the court of pleas and quarter sessions on the book kept for that purpose.”

Revised Code of North Carolina, 1854.

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February 26, 2013

Sold for taxes, redux.

No. 471. An Act for the relief of John Montgomery and William A. Lewis, of Forsyth County; Nancy Going, Adaline Page, Thursday, Isabella, De la Fayette, and Elmira, free persons of color, of the County of Columbia, and for other purposes therein specified.

WHEREAS, Bryant Oxendine, a free person of color, was taken up for failing to comply with the Registration Laws of this State, in the year 1850, and was found guilty and fined by the Inferior Court of Forsyth County one hundred dollars, and being unable to pay the fine was hired out, under the Laws of this State, for a term of eighteen months, for the price of one hundred dollars, to John Montgomery, on the 5th day of December, 1850, and the said John Montgomery gave his note due eighteen months after date, to the Justices of the Inferior Court of Forsyth County, for the sum of one hundred dollars, with William A. Lewis as security for the same. And,

WHEREAS, The said Bryant Oxendine ran away on the 28th day of August, 1851, and therefore failed to perform the service for the time for which he was hired.

…

SECTION I. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in the General Assembly met, and it is hereby enacted by the authority of the same, That the said John Montgomery and WIlliam A. Lewis be relieved, discharged and acquitted from the payment of so much of the said note, in proportion, as the service aforesaid was not performed, to wit: the sum of fifty-five dollars.

…

Acts of the General Assembly of Georgia, 1853-4 (1854).

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February 26, 2013

He was ignorant of his right.

59th CONGRESS, 1st Session}  SENATE. {DOCUMENT No. 471.

[Court of Claims. Congressional, No. 11397. Hardy A. Brewington, administrator of the estate of Raiford Brewington, deceased, v. The United States.]

STATEMENT OF CASE.

Senate Bill 4292, reading as follows, was introduced on February 10, 1904, and was referred to this court on April 28, 1904, by resolution of the Senate for findings of fact under the terms of section 14 of the act approved March 3, 1887, and commonly known as the Tucker Act.

…

FINDINGS OF FACT.

  1. Claimant’s decedent, Raiford Brewington, was a free colored man, residing during the late civil war in Sampson County, N.C., and throughout said war he remained loyal to the United States Government.
  2. During said war the United States military forces, under proper authority, took from claimant’s decedent, in Sampson County, N.C., for the use of the Army, quartermaster stores and commissary supplies of the kinds described in the petition, which at the time and place of taking were reasonably worth the sum of five hundred and thirty dollars ($530.) No payment appears to have been made for said property of any part thereof.
  3. It appears from the evidence that claimants decedent was a colored man, who was ignorant of his right to present a claim to the Claims Commission established by the act approved March 3, 1871, during the two years allowed by law for filing of claims before said Commission. There was no other opportunity for presentation of this claim save by petition to Congress. These facts are reported as bearing upon the question  of whether there has been delay or laches in the presentation of said claim.    By the Court.

Filed May 14, 1906.

A true copy: Test this 32st day of May, 1906 [seal.]      John Randolph, Assistant Clerk Court of Claims

United States Congressional Serial Set, Issue 4916, p. 41.

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February 10, 2013

A badge marked FREE.

Acts of the North Carolina General Assembly, 1785, North Carolina General Assembly.

At a General Assembly, begun and held at New Bern on the nineteenth day of November, in the year of our Lord one thousand seven hundred and eighty-five, and in the tenth year of the independence of the said State, it being the first session of this Assembly. Richard Caswell, Governor.

CHAPTER VI.  An Additional Act to Amend the Several Acts for Regulating the Town of Wilmington, and to Regulate and Restrain the Conduct of Slaves and Others in the Said Town, and in the Towns of Washington, Edenton and Fayetteville.

…

And in order to discriminate between free negroes, mulattoes and other persons of mixed blood, and slaves:

X. Be it Enacted by the authority aforesaid, That all persons of the above mentioned description, who are or shall be free, shall on or before the said first day of May next, apply to the commissioners, trustees or directors of the respective towns aforesaid, in order to have their names registered; and every such person coming into the said towns respectively to reside, shall within three days after their arrival make the like application; and the commissioners, trustees or directors are hereby authorised and required to give every such free person a badge of cloth, of such colour or colours as they shall respectively direct, to be fixed on the left shoulder, and to have thereon wrought in legible capital letters the word FREE: For registration of each of which names the town clerk shall receive two shillings, and the commissioners, trustees and directors respectively shall receive the sum of eight shillings for the use of their respective towns; which registration and badge shall continue in force during the time that such free person shall remain an inhabitant of the town in which he or she shall reside; and if any free negro, mullatto or other person of mixed blood, shall neglect or refuse to apply to the commissioners, trustees or directors as aforesaid, or shall refuse to receive a badge in manner by this Act directed, every such person so neglecting or refusing shall be subject to pay the same tax that is hereby imposed on slaves who are not returned as town taxables, and who shall have badges to enable them to hire themselves; and that such free persons may be the better known, the justices of the peace who shall receive the returns of taxable property in said towns, shall in their yearly returns describe all such persons as are free, and are negroes, mullattoes or otherwise of mixed blood as aforesaid; and all such persons as aforesaid not paying their fines, fees and taxes shall be hired out for so long time as will pay the same respectively.

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January 6, 2013

To liberate and set free.

At a General Assembly, begun and held at Tarborough on the eighteenth Day of November, in the Year of our Lord One Thousand Seven Hundred and Eighty-seven, and in the Twelfth Year of the Independence of the said State, being the first session of the Assembly. Richard Caswell, Esq., Governor.

…

CHAPTER XXXV.

An Act to Emancipate Certain Persons therein mentioned.

Whereas Agerton Willis, late of Bladen county, was in his lifetime possessed of a certain slave called Joseph, and in consideration of the services of him the said Joseph, and the particular obligations he conceived himself under to the said Joseph for his fidelity and attention, did by his last will and testament devise to the said Joseph his freedom and emancipation, and did also give unto the said Joseph a considerable property, both real and personal: And whereas the executor and next of kin to the said Joseph did in pursuance of the said will take counsel thereon, and were well advised that the same could not by any means take effect, but would be of prejudice to the said slave and subject him still as property of the said Agerton Willis; whereupon the said executor and next of kin, together with the heirs of the said Agerton Willis, deceased, did cause a fair and equal distribution of the said estate, as well to do equity and justice in the said case to the said Joseph, as in pursuance of their natural love and affection to the said Agerton, and did resolve on the freedom of the said Joseph and to give an equal proportion of the said estate: Wherefore,

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 from and after the passing of this Act, the said Joseph shall and is hereby declared to be emancipated and set free; and from henceforward he be called and Known by the name of Joseph Willis, by which name he may take, hold, occupy, possess and enjoy to him and his heirs forever, all and singular the property both real and personal so given him by the said distribution of the said executor, heirs and next of kin, and by the said name of Joseph Willis shall henceforward be entitled to all the rights and privileges of a free person of mixed blood: Provided nevertheless, That this act shall not extend to enable the said Joseph by himself or attorney, or any other person in trust for him, in any manner to commence or prosecute any suit or suits for any other property but such as may be given him by this act or such as he may have acquired by his own industry, but this act may in all such cases be plead in bar, and the property therein given be considered as a full and ample consideration for the final accommodation and settlement of all doubts concerning the freedom and property either real, personal or mixed belonging or in any manner appertaining to the said Joseph.

And whereas it hath been made appear to the satisfaction of this General Assembly that Richard Dobbs Spaight, of Craven county, Esquire, hath consented and is desirous to liberate and set free a certain mulatto girl now his property, called or known by the name of Mary Long:

II. Be it therefore Enacted by the authority aforesaid, That from and after the passing this act the before mentioned mulatto girl called Mary Long, now the property of Richard Dobbs Spaight, Esquire, shall be and continue liberated and set free, and shall thenceforward be entitled to all the rights and privileges of a free person of mixed blood in this State, and by the said name of Mary Long shall and may receive and hold, possess and enjoy any real and personal estate or property which she may hereafter acquire or become possessed of, in the same manner as any other free person of mixed blood might or could acquire, and possess the same to all intents and purposes as if she had been born free.

Whereas it hath been represented to this General Assembly by the memorial of John Allen, a free man of mixed blood, that he hath purchased a mulatto woman named Betty and her child named Mary, which woman he has long lived with and considered as his wife, and praying that the General Assembly would be pleased to emancipate and set free the said mulatto woman and her child:

III. Be it therefore Enacted by the authority aforesaid, That the said mulatto woman named Betty and her child Mary, shall be and they and each of them are hereby emancipated and made free, and they and each of them may hereafter take and use the sirname of Allen, and are hereby declared to be able and capable in law to possess 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.

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