Fourth Generation Inclusive

Free Colored Inhabitants of the Town of Tarboro, Edgecombe County, 1850.

#7. Isach Scott, 35, painter; Drucilla Scott, 40; and J.H. Wilkins, 8.

#8. Right Locust, 45, carpenter, wife Temperance, 37, and A., 14.

#9. Lovy Hagans, 33; wife Cas Morgin, 36; and children Rebecca, 9, and P.A. Morgin, 1 month.

#11. Green Copes, 30, mason; Mary Thompson, 80; and Susan Copes, 17.

#12. J.A. Anderson, 39; Wyatt Hagins, 13, and Jack D. Hagins, 82.

#13. Moses Jones, 25, blacksmith; Sally A. Jones, 24; and W. Jones, 60.

#21. John Mitchel, 10, in the household of carpenter Thomas Oberry.

#23. Rebecca Mitchel, 35; L[illegible] Hagins, 15; and Susan Letten, 12.

#28. Elizabeth Scott, 48, in the household of Randolph Cotton.

#33. Julia Butler, 11, in the household of Lewis Bond, cabinetmaker.

#69. Blunt Letten, 16, and West Letten, 13, in the household of Helvy Shurley, farmer.

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The freed man frees. Maybe.

M.N. Leary, Executor, v. S.W. Nash and others, 56 NC 356 (1857)

This case the Court of Equity of Cumberland County and involved the interpretation of a Solomon W. Nash‘s will. The clause at issue:

Item 6. “I further leave my negro slave woman Venice, to serve my daughters ten years from the time of my death, and after the expiration of that time, I desire her to be freed; and if she wishes to remove to any free State, I wish her to be permitted to do so; and if she may be permitted to remain in North Carolina, that she may enjoy all the privileges that can be, or may be, allowed by law to slaves left by their masters or mistresses to be freed. The way I desire Venice to serve my daughters is, for her to be hired out for the term of ten years, and the proceeds of the same to be equally divided amongst them.”

Venice had no children at the time the will was made, but later had two, Jack and Festus. Executor Matthew N. Leary asked the court (1) if Venice was entitled to freedom and, if so, under what terms and (2) if Jack and Festus were entitled to freedom. The court was also asked if John Nash, born after his father made his will, was entitled to any of the estate.

The decision:

1. John, who was born after Nash made the will, but before his death, was entitled to a filial portion.

2. Venice can elect either to leave the State and be emancipated, or to remain here as a slave.

3. Venice’s two children, born after the will was made, are slaves. “There is no ground upon which they are entitled to their freedom” because Nash did not include Venice’s future increase in his bequest.

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February 2, 2013

Ruptured, but faithful.

State of North Carolina, Cumberland County } I Thomas J. Robeson Lately a Major 4^th Rifle Reg’t United States Army, now resident in the Town of Fayetteville, county and State aforesaid Do hereby certify that corporal Josiah Abshier (a man of coulor) now resident in Anson county and State of North Carolina, was a corporal of the Poineirs and attached to Capt. Parkers company 3^rd Rifle Regiment United States Army under Lieut Col’o Wm. S. Hambleton on a march from Camp Bottoms Bridge Below Richmond Va. to Washington City (green leaf Point) Maryland. That at or near Alexandra Va in January A.D. 1815 while in the actual performance of his duty on a march [illegible] did fall from one of the Bagage Wagons thereby became Ruptured and was in consequence [illegible] from the Army of the United States, as Invalid. I further certify that I did march with the 3^rd Rifle Regiment from Charlotte No Ca in the winter A.D. 1814 to Washington city as aforesaid that during the Said march & while in quarters that the said Corporal Josiah Abshier did faithfully perform his duty as Corporal and Soldier of the United States Army, and deserve the aid of his Country; that the said corporal Abshier is now in the fifty Six year of his age, and So disabled by the Ruptor as aforesaid to provent him from Manual Labour. Given under my hand in Fayetteville this 15^th December 1825. Thomas L. Robeson Lately Major 4^th Rifle Reg’t U.S.A.

File of Josiah Abshier, War of 1812 Pension & Bounty Land Warrant Application Files, National Archives and Records Administration.

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February 2, 2013

Free? Yes. Clothes? No.

State of North Carolina, Edgecombe County } August Term 1783

Personally appeared before me Col’o James Armstrong and being duly sworn deposeth and saith That on or about the first day of August In the year of our Lord one thousand seven hundred and eighty one this deponent being at Martinborough in Pitt County and State aforesaid being appointed to Superintend the receiving of draughts deserters and Substitutes for the Continental service from the districts of Halifax and Newbern a certain William Kitchen who was then a deserter from the Continental Service having brought a certain Ned Griffin a molattoe or Mustee to this deponent as a Substitute in the room of the said Kitchen to serve for the term of Eighteen Months in the Continental Service the said Kitchen upon his delivering the said Griffin to this deponent (who ever mindful of his duty and determined strictly to adhere to the laws of the State particularly to the directions there enjoined respecting the receptions of Draught Substitutes &c) objected to the said Griffin upon this principle that he was not perfectly satisfied of his being a free man and the said Kitchen thereupon with the strongest of assurances declared that he the said Griffin was a free-man and as such delivered him to the deponent declaring and positively affirming at the same time that he had purchased the services of the said Griffin and upon his serving the said tour faithfully he the said Kitchen manumitted and totally discharged him from every species of further services whatsoever. That upon those terms and solemn assurances of Kitchen only he this deponent received and enrolled him the said Griffin in the Continental service accordingly. And farther this deponent saith that some time after the enrollment he met with William Griffin the person from whom Kitchen had purchased the services of the said Griffin he this deponent addressed himself to the said William Griffin in these words “So says this deponent Kitchen has purchased of you a certain Ned Griffin (meaning the said Ned Griffin that he had received as a free man of Kitchen) for a substitute for him the said Kitchen upon which the said William Griffin answered yes this deponent then demanded of him Clothing for the said Ned Griffin upon which he the said William Griffin replied that he made no contract with Kitchen when he disposed of the services of the said Ned Griffin to the said Kitchen therefore was no obligation to comply with his requisition. /s/ James Armstrong Sworn to before me this 6^th August 1783 in open Court J Sessums

Slave Records, Edgecombe County Records, North Carolina State Archives.

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February 1, 2013

Surname swap, no. 1.

In the 1850 census of South Side of the Neuse, Wayne County: Haywood Musgrave, 40, wife Penny, 25, and children Susan, 8, Simon, 6, Jane, 5, Green, 4, and George, 2.

But in the 1860 census of Indian Springs, Wayne County: Haywood Hays, 48, and wife Elizabeth, 32, Susan E., 16, Simon, 15, Jane, 14, Green, 13, George, 12, Lucretia, 11, Alchi, 10, Mary A., 9, Nancy, 8, Alfred, 7, and Betsey, 5.

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February 1, 2013

Five blows.

State v. Nehemiah Norman, 53 NC 220 (1860).

This indictment for assault and battery was tried in Washington County Superior Court.

Richard Fisher, a free man of color, had been convicted of larceny and was ordered to be sold to cover fines and costs. A man named Peacock purchased Fisher’s services – essentially as an apprentice – for five years. Before that term expired, Fisher was “taken up” on the charge of killing one Hussell, who was found dead in his yard. Defendant Nehemiah Norman gave Fisher “five licks” to make him reveal the gun used to shoot Hussell. Peacock was present when Fisher was whipped and gave his consent, saying “it ought to be done.” The county court found Norman not guilty, and the State appealed.

The state supreme court: “No free person, of whatsoer color, can, according to law, be thus coerced.” And even the assent of an apprentice’s master cannot legalize it. The state legislature placed a convict sold to pay off the fines levied for his offense in the condition of an apprentice. This relationship is regulated by general principles, including that which holds that a master cannot whip for unlawful purposes. Under these circumstances, the five blows Norman inflicted on Fisher are technically an indictable battery.

Judgment of the lower court reversed and entered for the State.

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February 1, 2013

Free Colored Inhabitants of the Town of Wilson, Wilson County, 1860.

#352. James Higgins, 16, day laborer; Mary Butler, 40, cook, and Molly Butler, 1; in the household of E.T. Mayo.

#354. John Butler, 18, “ostler,” in the household of H.W. Peel.

#355. Lemon Taborn, 26, barber; William Shavers, 25, barber; and William Johnston, 23, carpenter; in the household of Joseph Barbee.

#362. Dave Simms, 25, day laborer, in the household of W.D. Rountree, merchant.

#369. Eliza Himan, 15, and Theodore Himan, 5, in the household of David Nolly, farmer.

#385. Joseph Thorn, 30, plasterer, and Caroline Thorn, 24, domestic, in the household of A.H. Williams, merchant.

#386. Sarah Locus, 6, in the household of Thomas C. Davis, County Court Clerk.

#388. Tenie Marbly, 11, and Henry Wiggins, 40, carpenter, in the household of Edmund Moore, farmer.

#392. Asburn Dunstan, 23, laborer, in the household of H.L. Winton, boarding house operator.

In the 1850 census of Louisburg, Franklin, Lemuel Dunn, 60, blacksmith; Milly Dunn, 60; Jane Fog, 19; Osborn Dunstan, 14; and John Fog, 8. The household is listed among a cluster of Dusntan households, including: Osborn Dunstan, 57, swayer, Barbary, 50, and Sarah Dunston, 18, and Osborn May, 6. Also, in Timberlakes, Franklin County: Osborn Dunston, 52, and Sally Dunstan, 16.

#398. John Kersey, 37, blacksmith; wife Julia, 31; and children Louisa, 9, Dellah, 6, John, 5, and William, 1. Kersey reported personal property valued at $300.

#399. Joseph Thorn, 25, brickmason; wife Caroline, 19, washerwoman; and daughter Fannie, 8 months; plus Bettie Fogg, 60, day laborer.

#401. Noah Lynch, 30, plasterer, and wife Piaty Lynch, 33, washerwoman; plus Julia Higgins, 20, domestic; John James, 10, and Martha Taylor, 7. Lynch reported personal property valued at $700.

#406. Jesse H. Artis, 48, hostler, in the household of George Howard, Superior Court Judge.

#419. Joseph Fogg, 50, shoemaker, in the household of Edwin Eatmon, bootmaker.

In the 1850 census of Warren, Warren County: Joseph Fogg, 37, shoemaker.

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February 1, 2013

Surnames: Edgecombe County, 1850.

ADAMS, AMERSON, ANDERSON, ARCHER, ARTIS, BAKER, BARFIELD, BARNES, BAUSMOND, BRASWELL, BRICE, BROWER, BROWN, BUTTER, COPES, CHAVERS, CLARK, DANIEL, DEW, DOWNING, EAVANS/EVANS, ELLIS, FAITHFULL, HAGINS, HALL, HAMLET, HAMMONS, HEWES, HILL, HORN, JAMES, JONES, KEEL, LASTER, LETTEN, LOCUS/LOCUST, MICHEL/MITCHELL, MORGAN/MORGIN, NETTLE, ODAM, PORTER, PRICE, REED/REID, ROBBINS, SCOTT, SKINNER, STATON, STOKES, THOMPSON, THORN, TITUS, TUCKER, VAUGHAN, WILKINS and WORRELL.

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January 31, 2013

The expert testifies, “He is mulatto.”

State v. Asa Jacobs, 51 N.C. 284 (1859).

Asa Jacobs was indicted in Brunswick County, as a free negro, for carrying firearms.

In the lower court, the State called a certain Pritchett to give an opinion on Jacobs’ ancestry. He testified that he had known Jacobs a long time, but had never seen any of Jacobs’ ancestors, and knew nothing of them by reputation. Jacobs’ lawyer objected that Pritchett’s lack of actual knowledge disqualified him from rendering an opinion on whether Jacobs was a free negro. The court ruled that Pritchett could answer questions to establish whether he was qualified to testify as an expert.

Pritchett then stated that he was a planter and had been an owner and manager of slaves for more than twelve years; that “he had paid much attention to and had had much observation of the effects of the intermixture of negro or African blood with the white and Indian races;” and that from such attention and observation, he was well satisfied that he could distinguish between the descendants of a negro and a white person and the descendants of a negro and Indian; and further, that he could also say whether a person was full African, or had more or less than half African “blood” in him, and whether the cross or intermixture was white or Indian. On this basis, Pritchett was admitted to testify and stated his opinion that Jacobs was a mulatto – that is, half African and half white. Jacobs’ counsel excepted to the admission of this evidence, and upon Jacobs’ conviction, appealed to the Supreme Court.

The Court noted that even a common observer can detect, from outward appearance, the “intermixture of the white and black races;” it is not a matter of science or skill. Nonetheless, it by no means follows that the ability to ascertain the extent of “negro blood” is not so. “On the contrary, we believe that it would often require an eye rendered keen, by observation and practice, to detect, with any approach to certainty, the existence of any thing less than one-fourth of African blood in a subject.” North Carolina law defined a free negro as one who is “descended from negro ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person.” He may, therefore, be a person who is only a sixteenth African. The ability to detect “the infusion of so small a quantity of negro blood in one, claiming the privilege of a white man, must be a matter of science,” and, therefore, subject to the testimony of an expert. Pritchett, the court determined, proved that he possessed the necessary qualification to testify as such.

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January 31, 2013

Free-Issue Death Certificates: MISCELLANEOUS, no. 6.

James Llewellyn Faithful. Died 10 April 1943, Princeville, Edgecombe County. Negro. Married to Mary Faithful. Grocer. Born 15 February 1860, Edgecombe County, to Ervin Thigpen and Beatty Faithful, both of Edgecombe County. Buried Saint Paul, Tarboro. Informant, Mary Faithful.

In the 1860 census of Tarboro, Edgecombe County: Beedy Faithful, 29, children Joanna, 4, John F., 2, and Llewellen, 5 months, plus Alice Hagans, 11, Nancey Wilkins, 29, and Cintha J. Wilkins, 4.

Asberry Blackwell. Died 21 September 1919, Old Fields, Wilson County. Colored. Widowed. Age 62. Farm hand for Grover Lamm, Wilson County. Born Wilson County to Asberry Blackwell and an unknown mother. Informant, George Flowers.

Willmas Eatmon. Died 21 July 1916, Taylor’s, Wilson County. Negro. Widow. Age about 85. Retired servant on farm. Born Wilson County to Nelson Eatmon and Renda Eatmon. Buried Wilson County. Informant, Willis Ellis.

Deal Howard. Died 6 December 1939, Oldfield, Wilson County. Resided Route 2, Wilson. Colored. Widower. Age 79. Farmer. Born Wilson County to Deal Howard and Rhodie Howard. Buried Wilson County. Informant, Herman Howard.

John Lassiter. Died 15 January 1915, Wilson, Wilson County. Colored. Married. Age 63. Son of Silas Lassiter and Ophie Simpson. Buried in Wilson County. Informant, Henry Lassiter.

Willis Barnes. Died 15 September 1914, Wilson, Wilson County. Colored. Married. Age 73. Farmer. Born Nash County to Toney Eatman and Annie Eatman, both of Nash County. Informant, Jesse Barnes, Wilson NC.

The 1850 census of Nash County shows Tony Eatman, age 55, farmer, living in the household of Theophilus Eatman, 70, a white farmer. Willis and his mother, presumably, were enslaved.

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