Petitions | Fourth Generation Inclusive

November 28, 2012

John Ellis, Revolutionary War soldier.

State of No Carolina, Wake County }

This day personally appeared before us R. Cannon & R. Smith two of the acting Justices of the Peace for Wake County, John Ellis a man of colour, and made oath that he was a Soldier in the Revolutionary war, in the continental line of No. Carolina, the length of tume the Deponent does not precisely recollect, but which will appear by reference to the musterrolls of the said Army. This Deponent further deposeth and saith that he never drew any land himself, nor did he ever authorize any person to do it for him.

Sworn to & subscribed before me, this 27^th July 1820 John X Ellis

R. Cannon J.P. R. Smith, J.P.

Additional documents in the file note that Ellis resided in Washington County, Illinois, at the time of his application; that he was born in Virginia in 1754 and moved to North Carolina with his mother as a child; that he moved to the “Western Country” in about 1799; that he died 21 October 1850; that his heirs were James, William, Polley, Mahaliah and Henry Ellis; and that his son James Ellis was executor of his estate.

From the file of John Ellis, Revolutionary War Pension and Bounty-Land Warrant Application Files, National Archives and Records Administration.

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November 27, 2012

Too infirm to support himself and family by his labour.

Original Claim

State of North Carolina, District of Edenton, County of Pasquotank. On this 8^th day of March 1825 personally appeared in open Court being a Court of record for Pasquotank Samuel Overton a free man of Colour, resident in said County aged [illegible] six Years, who being first duly sworn according to law, doth on his oath make the following declaration In order to obtain the provision made by the acts of Congress of the 18^th March 1815 and the first May 1820. That the said Samuel Overton enlisted for the term of three Years in the Year 1776 in the State of North Carolina in the Company commanded by Captain Isaac Moore, in the Regiment commanded by Colonel Peter Lange in the line of the State of North Carolina, on the continental establishment, that he continued to serve in said Corps until the death of Captain Moore, when a certain Devisha[?] Davis commanded that he continued in the Service of the United States until the taking of Yorktown in Virginia, when he was discharged in the City of Philadelphia in the Year 1781, that he was at the battles of Germantown, Charlestown S.C. and at the taking of Yorktown in Virginia, and at the Battle of Germantown received two wounds. That he hereby relinquishes every claim whatever to a pension, except this present, that his name is not on the roll od any State, and that the following are the reasons for not making earlier application for a pension. That as long as he was able he was desirous to maintain himself; but now he is to infirm to support himself and family by his labour, and in addition had the misfortune to lose all his property by fire in July 1824. And in pursuance of the act of the first May 1820 I do solemnly swear, that I was a resident Citizen of the United States on the 18^th day of March 1818, and that I have not since that time, by gift, sale, or in any manner disposed of my property or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an Act of Congress entitled “An Act to provide for certain persons engaged in the land and naval Service of the United States in the Revolutionary War” passed on the 18^th day of March 1818, and that I have not, nor has any person in Trust for me, any property or securities, contract or debts, due to me, nor have I any income, other than what is contained in the schedule hereto annexed and my be subscribed To wit one Cow and two shoats. That since the 18^th of March the change in my property has been its loss by fire in July 1824. My family consist of my wife and Son David five years old Samuel X Overton

From the file of Samuel Overton, Revolutionary War Pension and Bounty-Land Warrant Application Files, National Archives and Records Administration.

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November 26, 2012

Free negroes and mulattoes frequently mustered.

State of No Ca, Johnston County }

Personally appeared before me one of the Justices of the peace in and for said county William Bryan of said county and state and having been duly sworn doth on his oath declare and say, that in the times of out Revolutionary War free negroes and mulattoes mustered in the ranks with white men in said State, at least in that part of the State in which he then resided, and in which Holiday Hethcock then resided, to wit in the county of Johnston. This affiant has frequently mustered in company with said free negroes and mulattoes, and he believes he has mustered with the Said Holiday Hethcock, That class of persons were equally liable to draft, and frequently volunteered in the Public Service. This affiant was in the army a short time at Wilmington at the time Craig was near that place, and remembers that one mulatto was in his company as a common soldier whose name Archibald Artis. This affiant has always known the said Holiday Hethcock, and has always understood that he was in the army of the Revolution.

Sworn to and subscribed this 29^th day of November 1834. William Bryan

From the file of Holiday Hethcock, Revolutionary War Pension and Bounty-Land Warrant Application Files, National Archives and Records Administration.

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November 25, 2012

Soft-hearted? Soft-headed.

To the General Assembly of North Carolina

It is desirable that you should adopt a course of policy, and pass a system of laws to induce, if not compel, the free negroes in North Carolina to emigrate to the Abolition and Free Soil states. It appears to me that Negrophobia, which is now raging and rousing up a large number of people in the non-Slaveholding states cannot be cured more effectually than by giving them some strong black medicine out of their own black Bottle: and therefore, the members of the Legislature ought in my Judgment to enact all the constitutional laws in their power to effect the object I have indicated. I do not intend to offer reasons and arguments in favor of such Laws. Every man who has a southern head on his shoulders and a southern heart in his bosom must see the propriety and the necessity of such legislation.

I propose that you pass a law making the ownership of land on which free negroes reside liable to pay all the taxes, contracts, damages, Penalties, fines and costs, and other legal liabilities which colored persons may contract or incur while living thereon. That it, I would make the actual possession of the free negro, a lein, on the land on which he lived, and let that lein continue until his public and private liabilities were paid and satisfied.

There is a numerous class of the worst sort of Abolitionists dwelling in our midst in the southern states who clandestinely trade with slaves and receive stolen good in payment for ardent spirits and other articles, thereby corrupting and destroying the value of servants. Many of these malefactors are insolvent persons and some of them are agents of men of property, who select such deputies to do their dirty work, hoping that prudent laws cannot reach and punish them. I propose that the offense just stated shall be punished, not only with fine and imprisonment, but, by one of more whippings on the bare back at the whipping post. I am aware some persons have an aversion, through a sort of sickly sympathy, to inflict corporal punishment for the commission of any offences, hoping to gain for themselves the character of being very soft hearted, but I think all such might with much more propriety be considered very soft headed. When offences proceed from the conception of the human heart, let no honest man sympathise with the offender. But when the frailty of [illegible] nature is to be punished for deeds done without deliberation, then, kind and generous feelings may be justly excercised. Society can only be carried on and preserved through the influence of example. Those persons who live by corrupting and hiring negroes to steal for their benefit, deserve and ought to receive the most severe and exemplary punishments.

All our laws on the subject of Slavery, and the officious intermedling with it, which is the sin of the age, require revision, amendment and improvement.

I make another suggestion; I would make the land on which white Tenants live, liable to pay all fines, penalties and costs that they may be liable to pay while living on these landlords land; Then, the honest taxpayers and good citizens of the state & county would not so often be taxed, unjustly, to pay costs after the conviction of insolvent malefactors and old sinners.

Respectfully presented by James Graham.

Petition of James Graham, Lincoln County, dated 29 December 1850. Petitions, North Carolina General Assembly, North Carolina State Archives.

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November 13, 2012

Holiday Hethcock, Revolutionary War soldier.

State of North Carolina, County of Johnston

Declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832

On this 23^rd day of February 1836 personally appeared in open court before the Justices of the Court of Pleas and Quarter Sessions now sitting Holiday Hethcock a resident of Johnston Co and State of North Carolina aged about 74 or 5 years who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832

That he volunteered in the Service of the United States in the summer of 1781 under Jonathan Smith Capt, Jacob Stallings lieut. Alexander Avery Ensign on a service of three month. That he entered the service at Smithfield N. Car. and was marched to Dixon’s Ford on Tar River in the County of Granville thence to Franklin County, thence to Edgccomb Co, thence to Smithfield, thence on to Kinston, then across the River Neuse to Southwest Brun(?) thence up again to Smithfield, thence down the River to Major Crooms where we was discharged having served the full term of three months. The affiant knows of no documentary evidence to prove his said service, but can prove it by the Rev. Nathan Gully who was with him, and whose certificate is hereunto attached, but whose bodily infirmities do not admit of his travelling to court to give his testimony. He recd a regular discharge which has been lost.

This affiant had also previously volunteered on another term of five months in Johnston County aforesaid in the fall of the year 1777 and in Matthew Cullers Capt and Lieut Boyte was marched from Smithfield to Richland Chapel, thence across the Cape Fear at Wilmington, thence to Georgetown S.C., to Monk’s Corner, to Dorchester, & to Charleston, and was placed under General Lincoln a few months before Charleston was taken by the enemy. The General of the Militia under whom he served was named Lillington. He served out fully his term of five months and recd a discharge from Capt Cullers which discharge has been lost or destroyed. He knows of no documentary evidence of this said service, but can prove it or a part thereof by Bryant Adams who was his fellow soldier in the Same.

In reply to the prescribed Interrogatories this (1) affiant states that he was born in Northampton Co. Virginia (2) that there is no record of his age, to his knowledge (3) that he was living when called into Service in Johnston Co. No.Ca. that he has since spent about one year in Fayetteville No.Ca. and about 20 years in Orange Co. No.Ca., that he now lives in Johnston (4) that he was volunteer in void his terms of service (5) and (6) answered in Declaration (7) He states the name of the Rev. Jesse Adams John Lee Senr., Colo. John Lee & Wm. B. Allen Esq as gentleman who can testify &c

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.

Sworn to and subscribed the day and year aforesaid /s/ Holiday X Hethcock Test Rm. Sanders

We Jesse Adams a clergyman residing in the neighbourhood of the Declarant in Johnston Co. and Henry Lee residing in the same certify that we are well acquainted with Holiday Hethcock (a free colored man) who has subscribed and sworn to the above Declaration that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revoultion and we concur in the opinion and believe him to be about 74 years of age.

Sworn to and subscribed the day and date above written /s/ Jesse Adams, Henry Lee

From the file of Holiday Hethcock. Revolutionary War Pensions and Bounty-Land Warrant Application Files, National Archives and Records Administration

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November 12, 2012

Herring, Union soldier.

Hillary Herring enlisted in the 37th Colored Troops in 1864. At the time, he was 23 years old, 6 feet 1/2 inches tall, light-complexioned, with black eyes and dark hair. He was born in Onslow County and worked as a farmer. Herring was discharged from the army on 11 February 1867. After a two-year acquaintance, he married Kizzy Dudley on 18 December 1869 in Burgaw, Pender County. Rev. Elisha Boon performed the ceremony. It was Hillary’s first marriage, but Kizzy had married John Herring in 1863 and was left a widow when he died in August 1866. Hillery Herring died 30 June 1876 in Bentonsville, Johnston County, of “disease of lungs.” Dr. Martin Harper attended him during his final illness. Lewis Hood furnished his coffin and served as undertaker, and Rev. John James Harper, a white man, preached the funeral sermon.

At the time of her application, Kizzy Herring lived in Lonoke, Lonoke County, Arkansas. Many of her witnesses had known her in North Carolina and had also migrated West. She was poor and little able to support herself.

Abstracted from “#563,970. Claim of Kizza Harring, widow of Hillary Harring, Co. A, 37 U.S.C.T., for Widow’s Pension.”

In the 1850 census of the South Side of the Neuse, Wayne County: John Herring, 50, wife Charity, 40, and their children John Green, 18, Solomon, 16, Daniel, 14, Hillery, 12, James, 10, Outy, 7, Harriet, 4, and Doctor, 0.

[Sidenote: On 21 November 1872, my great-great-great-grandparents, Lewis and Margaret Henderson, and Hillery and Keziah Herring sold two tracts totalling about 80 acres to John P. Cobb and Jesse Hollowell, these being tracts purchased from William R. Davis. There was no deed recording the purchase from Davis. Both Lewis and Hillery were born in Onslow County. Were they related? If not, why did they buy land together? — LYH]

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November 12, 2012

Carrying Nat Turner in their little carts.

To the Honbl the General Assemby of N. Carolina

Your memorialists respectfully shew unto your Honorable Body: That the County of Lenoir has been for many years regularly visited on all public occasions, by free negroes & slaves hiring their time, from the adjoining Counties, & particularly from the Town of Newbern. The ostensible object of these persons has been to retail cakes, tobacco & spiritous liquors. The good citizens of the County have always believed that the [illegible] and within the last five years have been firmly convinced, that the visits of such characters, have not only produced serious loss & inconvenience by the temptations which are thus held out to their slaves, to steal lambs, pigs & poultry to barter with them, but is calculated to do a far more serious and incalculable injury by the facilities offered for the [illegible] among their slaves. Enjoying the privilege of travelling in their little carts from one County town to another, these black pedlars have it within their power to distribute, without suspicion, in any nook & corner of the Country, the pamphlets of [illegible] as well as communicate verbally the murderous plans of a Nat Turner. The acquaintances your memorialists have with these characters, completely satisfies them that they are fit instruments for such purposes.

An application has heretofore been made to your Honourable Body for relief on the subject & a remedial act had been passed which your memorialists to believe was intended to meet this case, but which unfortunately was so farmed as to prove entirely nugatory.

That act authorized the slaves & free negroes of Newbern to trade on Lenoir County, under a license taken out in Craven. As the tax imposed by the late law does not amount to a prohibition, its chief consequence is to enlarge the revenue of Craven without affording any relief to to Lenoir. In tender consideration of the previous, Your memorialists to earnestly request of your Honourable Body, that you will further legislate on this matter, and authorise the County of Lenoir to exclude all coloured retailers of cakes, spirits &c. from its limits, but such as may be licensed by the Court of Pleas & Quarter Sessions, or impose a prohibitory tax & if [illegible] of these modes of restraint shall seem fit, that you will adopt some measure which will annihilate the grievance. /s/ Matthew H. Carr, John B. Kennady [and others]

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November 11, 2012

Your petitioners feels themselves Americans.

A petition from William Smith & others – free person of colour, praying to be colonized in some of the territory of the United States

Jan 14th 1851 — To the Honourable Assembly of the State of North Carolina.

The time has come where a portion of your people deem it necessary and prudent to cast themselves at your feet. This portion is the free coloured people in the State of North Carolina. Who in judging the future by the past do Humbly unite in praying and in petitioning this Honourable Assembly to [illegible] Congress in their behalf, to grant them a portion of the western Territory as a colony. Your petitioners feel themselves much at a loss for proper words and language to express their feelings and apprehensions. But their motive being pure they hope to find favor and clemency in your honourable wisdom.

Your petitioners are well aware of the importance of this petition, But the point they are activated by is reciprocal. Many of your petitioners are the off springs of those who yielded their all in the revolutionary struggle But the blessings of which from political policy are withheld from them.

Your petitioners feels themselves Americans knowing no other clime nor soil and that pride has made it difficult for them to Beg abroad when they can ask at home. While it is equilly hard to alienate their feelings. Altho state policy may induce them to ask for a separation. Should this meet your favor your petitioners hope to carry in their Bosoms parental and filial regard.

The law requires that your petitioners shall live alone praise the punish. But when success ennurns labour the public feelings pays, that the pressing influence has an injurious and gives a false stimulus to an other class. Under this sense of fear, your petitioners have been constrained to be very vigilant in inactivity until that virtue has become a vice and now a source of public complaint. Thus your petitioners find themselves in the condition of duress and punished for not labouring. Your petitioners are no Aggressors on states rights nor policy. Yet they regreat to see that they used as the whip in hand to flush the offenders into [illegible]; still the knel is constant on the public Ear – that your petitioners are the Eating cancers and the morbid incubus on the public purce. Your petitioners feel and behold with regreat the strong and painfull effort now making which [illegible] them in the spirit of peace to ask for a Separation in the name and meaning of a colony.

Your petitioners are some what aware of the magnitude of the subject but fully persuaded of the good resulting will compensate for the hardships they may encounter. Were your petitioners strangers they would hesitate to express a choice in this matter. But being children of the American soil and traind to mechanical and farming arts they would dare that choice and if this should meet with favor in your wisdom they pray that your kindness will urge a salubrious clime and a productive soil, that the milk flowing there from may redound to the glory of the giver. Like the infant sucking at its mothers Breast which every suction it makes draws from the springs of affection.

Your petitioners think they feel and see in this their prayer much Balm to heal the growing malidy and a spirit that may give peace and happiness to themselves and country. The free people of this state numbers about 35,000 — some of the southern states more and some less. Should your Wisdom decide in favor of a state or a general colony. Your petitioners disdains to mention any theory but facts known better by your honours than themselves On presenting this petition they deem is unnecessary to say that they are proscribed. This fact is known to your honours. They now affix their names to this prayer in the presence of Each other and by proxy for many But all in the presence of God.

/s/ William Smith, James Dunn, Oscar Halston, Marcus L. Gervis, Branch Hughes, Thomas Roe, Henry J. Patterson, John Malone, Wyatt Copland, A. Payne, Lewis S. Leary, Lewis S. Chester, John E. Patterson, M. N. Leary

Legislative Papers for 1851-1852, North Carolina State Archives, Raleigh.

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November 8, 2012

Tax them and send them to Liberia.

MEMORIAL.

JUNE 29th, 1850.

We, the undersigned citizens of the county of Beaufort, and of the State of North Carolina, do respectfully represent to the General Assembly of the State, that the White Mechanics of our State are laboring under a serious injury, inflicted upon them by the competition they experience from negro mechanics, which is not only an injury to them, but to every portion of the community, because it places a check against the advancement of Architecture, and forbids genius and talent from entering its employment on account of the degradation it may experience, by being brought down side by side with negro labor, or the small pittance it may receive for its industry from such a competition. We therefore beg the General Assembly to take into consideration the propriety of laying a tax upon all colored Mechanics in the State, so as to guard more effectually against its increase.

There is another grievance to which we would call your attention, the free negro population which has increased to an alarming extent.

The law lately enacted by the Legislature of the State of Virginia, for the purpose of colonizing them in Africa, has made this grievance insupportable, because it drives large numbers of her free negroes into our borders, which is not only a burden on the white population of our State, but an injury to the slave interest itself.

Therefore we pray the General Assembly to pass an act, laying a tax upon free negroes which shall be applied for the purpose of colonizing them in Liberia, and if necessary, an additional sum from the State Treasury.

And your petitioners will ever pray, &c.

/s/ Arthur Morgan, John B. Ross and 40 others.

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Category: Petitions