Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: divorce

Her mulatto child was nursed by a negro woman.

The Petition of John Chambers of Haywood County Humbly Sureth Your Honerable Body that about the first day of February, that a certain Theophilus Oneal who emigrated from Johnson County in this State to this Haywood County. And that after some acquaintance with the family of Mr. Theophilus Oneal Your Petitioner Maried his daughter Riney. But in Abouts two Weeks after marriage your petitioners Wife was charged With having been delivered of a Molatto Child which was Nused by a Negro Woman of the said Theophilus Oneals the Father inlaw of the Petitioner. After being Charged with the above crime, the family has since the Mariage Confessed the fact. After which time your Petitioner carried his wife Riney to her father and has never lived with her since. Your Petitioner is a poor young Man but Wish to Conduct him self in such a manner so as to render himself Respectable, as this petition May Want form, Gramar, and eloquence yet there is one thing he feels himself weel assured of that is the correctness of his Narative he therefore wish your honerable Body to take his case into serious consideration and pass a law to annul the Marriage of your unfortunate Petitioner, And in duty bound he Will ever pray, your petitioner think it needless to have paper crowded with Names he therefore Contents himself with having a few of the respectable part of his neighbours or county men placed on the petition.

——

The Committee on Divorce & Alimony to whom was before the Petition of John Chambers of Haywood County, have had the same under consideration and ask him to report; Your committe find that the said John Chambers intermarried with Riney ONeal the daughter of Theophilus ONeal, who was emigrated from the County of Johnson to the County of Haywood three or four years since, and that some short time afterward, the said Chambers discovered, and it appears to your committee in proof likewise, that it was the common talk previous to their removal from the County fo Johnson, and has been, subsequently acknowledged by the family that the said Riney (previously to her removal) had been delivered of a mulatto child; And it appears further to your Committe that as soon as the Petioner the said John Cahmbers had ascertained this fact, he returned or carried his wife to her parents, & with whom and himself  there has been no fellowship since __ Your Committe aware of the importance of rendering indi[illegible]ible teh marriage contract, and of that demoralizing tendency which a seperation under any circumstances produces, are yet of an opinion, that the prayer of the Petitioner in this Case should be granted, and therefore recommended the passage of the accompaning bill. All which is respectfully submitted.  /s/ J.G.A. Williamson, Ch. of the Com.

General Assembly Session Records, November 1825-January 1826, Box 4, North Carolina State Archives.

She has been delivered of a colored child.

To the Honorable the General Assembly of North Carolina Now in Session,

The Humble Petition of Jacob Johnson Sheweth, That my wife Hannah has violated the marriage Vow, distinguished herself as an abandoned woman in point of Morals and Chastity, by having been delivered of a coloured child on the 4th day of January 1822, Since which time our conjugal embraces have entirely ceased. The which base action causes me your humble petitioner to Solicit your kind interference in giving me a final discharge from said Hannah.

Your Humble Petitioner further Sheweth that misfortunes in life has rendered me Unable to Apply for a divorcement in the way heretofore prescribed by an act of the General Assembly – That Honorable body who now alone is able to give Me redress. And your Humble Petitioner will ever Pray &c 27th Nov’r 1823. /s/ Jacob Johnson

We the under signed believe the above Stated grievances to be Undisputed facts and from long acquaintance know your Petitioner to have Supported a good Moral character.  /s/ Oscar Alston, Elisha Siler, Joshua Adcock, R. Freeman, Jesse, Bray, Henry Dorsett, Duty Dorsett

[Granted.]

General Assembly Session Records, November 1823-January 1824, Box 1, North Carolina State Archives.

He ill-treated, whipped and abused her, then took up with a slave.

North Carolina, Guilford County    }   Superior Court of Law, To Fall Term, A.D. 1866.

To the Honorable, the Judges of the said Court:

Mary Hubbard, of said County, by her petitioner, respectfully showeth unto your Honor, that she was born free and was intermarried, about twelve years ago, with a free man of color of the name of John Hubbard; that they obtained a license from the Clerk of the County Court of Alamance County and the rites of matrimony were solemnized between them by a Justice of the peace in said county; that your petitioner and her said husband, John Hubbard, lived together agreeably, and as man and wife should, for about three years; that during this time she was treated affectionately and kindly; that for some cause, to your petitioner then unknown, the said John Hubbard, her husband aforesaid, began to ill-treat, beat, whip and abuse your petitioner in such wise as to make her life oppressive and burthensome; that this abuse of your petitioner continued from that time, with short intervals when he was less cruel and unkind to her, now and then, up to about the first of September, A.D. 1865; that prior to that time and to your petitioner’s quitting her said husband’s house, her said husband, the aforesaid John Hubbard, became intimate with one Emily, a slave then and in property of one Tobias May, of Alamance, and, as your petitioner is advised and believes, her said husband had habitually illicit and adulterous intercourse with the said Emily; that for these reasons and for the further reasons that her life with him became intolerable and unendurable, she left him and hath not cohabited with him since that time; that she is advised and believes, that the said John Hubbard, her husband aforesaid, hath since kept up his illicit, adulterous and criminal intercourse aforesaid, with the said Emily May, who is now free, and he is illegally and improperly cohabiting with the said Emily at this time, contrary to law and in despite of his vows of chastity and fidelity to your petitioner, made and entered into at the time of their marriage; that your petitioner hath resided in this county for the last twelve years and ever since she was married, and now resideth here; that the course of action hath existed ever since last September, which is about ten and a half months; that your petitioner hath kept her vows of chastity and fidelity to her said husband, both before and since this parting; that she is now leading a correct and chaste life:

Your petitioner, for the reasons aforesaid, most respectfully prays your Honor, that the bonds of matrimony, now existing between her and the said John Hubbard, her husband aforesaid, may be dissolved, and that your petitioner may have such other and further relief as the nature of her case may require and to your Honor may see merit.  She further prayeth, that the said John Hubbard be served with a copy of this libel, and a subpoena, commanding the said John Hubbard to appear at the next term of this honorable Court, to be held for the County aforesaid, at the courthouse in Greensboro; on the Fourth Monday after the Fourth Monday of September next; then and there, to plead, or answer, to this libel, and to stand to, abide by and perform the order, claims and Judgments of this Court. And an in duty-bound she will ever pray.    Scott & Scott, Attos. for Petitioner.

Divorce Records, Guilford County Records, North Carolina State Archives.

She was delivered of a colored child.

To the Hon’bl the General Assembly of the State of North Carolina –

The memorial and petition of John Fugate of the County of Wilkes respectfully represents that he intermarried with one Patsey Johnson on the 8th day of May 1823, and that on the 8th day of the ensuing July the said Patsey was delivered of a coloured child – That at the time of the intermarriage of your petitioner, he had no knowledge of the pregnancy of the said Patsey, and that as soon as the facts came to his knowledge, and the child was discovered to be a coloured one, he immediately abandoned the said Patsey, and has had no kind of connection with her since – Your Petitioner further represents that he is extremely poor and not able to make application to the Superior Court for relief, even if his case was cognizable by that authority, of which he is informed there are some doubts – He therefore prays that your Honorable Body will take his case into consideration and pass an act absolving him from the bonds of matrimony with the said Patsey, and he as in duty bound will ever pray.   /s/ John Fugate Dec’r 20th 1826

[A supporting affidavit signed by 14 friends and neighbors is attached.]

General Assembly Session Records, December 1826-February 1827, Box 4, North Carolina State Archives.

A mulatto of that class called free negroes.

The committee of Divorce and Alimony to whom was refered the petition of William Smith of Heartford county have considered the Same and Report:

That it appears from the petition its self, that, the petitioner is a mulatoe of that class commonly called free Negroes. The committee are of opinion, that it is not only contrary to the true policy of this state, But unbecomeing the dignity of this house, to act on applications of this sort. The [sic] therefore recommend the adoption of the accompanying Resolution – Resolved, that the Member who Introduced the petitioner William Smith of Heartford county have leave to withdraw the same.

Respectfully submitted, /s/ Mathew Bain, Chm.

General Assembly Session Records, January 1827, North Carolina State Archives.

His sunshine gleam of felicity was evanescent.

To the General Assembly of the State of North Carolina

The Petition of Lewis Tombereau most humbly sheweth

That your Petitioner is a native of France and a shoemaker by trade and that being from his youth attached to a government founded on Just and liberal principles such as guarantees the enjoyment of rational liberty, and an equal participation in the administration of its laws to every citizen however humble. He emigrated to the United States, and settled himself therein, near Williamston in Martin County in this state, where without a care beyond his lap stone, he worked at his trade with such assiduity and industry as to have been considered eminently useful in his line in that neighbourhood, so that he was enabled to make both ends meet with comfort, which he still hopes to do and thereby to his last, eat the bread of independence.

That to lighten the cares, and sweeten the toils of life, and make his share of its burthens sit easy, He intermarried with a young woman of the neighbourhood, named Nancy Jolly of whom he became enamoured of, to whom he was determined to stick as close as wax; and to exert the powers given to him by God, and nature, to satisfy her desire, supply her wants, administer to her necessities, and provide for her support in a manner befitting his humble, but independent sphere in life.

That with the most pungent and heart felt sorrow, your Petitioner feels himself compelled to state, that his sunshine gleam of felicity was evanescent; and he too soon with heart rending horror found, that in his indulging in the best passion incident to humanity, he linked his fortunes with, and intrusted his happiness to, one of the most frail, lewd, and depraved, daughters of Eve, for without either cause or provocation she shortly after her said marriage withdrew herself from your Petitioner, and from the discharge of her conjugal duties, and forsook both his board and bed, to cohabit with a certain mulatto Barber named Roland Colanche then living in Williamston by whom she had a coloured child, and became, and continues to be, a public and notorious prostitute in the most unlimited sense of that word. She indulging in an unreserved, and promiscuous intercourse with men of every colour, age, class and description she meets, sufficiently dissolute, licentious, and sensual, to gratify their passions, and her lust, and desire of variety.

That your Petitioners hopes of happiness being thus early blasted, in a way, and by persons whose abject stations in life, precludes his obtaining any redress for the injuries this done him, without making him obnoxious to that portion of ridicule, that most inconsistently follows matters of this nature, because the butt of such ridicule, is more an object for the balm of pity, than for the gall of unfeeling mirth, to avoid which, he moved from thence, and is now seated in Raleigh in Wake County, where his demeanour has been such, he feels himself authorized to say, as to gain for him the good will of his neighbours notwithstanding his poverty.

That from his imperfect knowledge of the English language, he being a foreigner, and the consequent difficulty of making himself understood, as well as from a reluctance to make public, what without any fault of his own might by mean and illiberal minds be thought disgraceful to him, he has hitherto brooded over his wrongs in agonising silence, and his poverty precluding the possibility of his engaging a lawyer to file a petition for a divorce in a court of law, or if he has found a lawyer kind enough to befriend him therein, he was, and is, unable to give the security for the accruing costs which is require by act of assembly: which costs he would be compelled to pay, tho successful in the suit, as neither the unhappy woman complained against, not her paramour, have any visible means of paying them: and as your Petitioner is able to substantiate the facts herein set forth, as well as by several members of your Body, as by other respectable witnesses; and being advised, that the acting upon it, so as to release him from the unhallowed bonds he in an evil hour entered into, is a matter wholly within the discretion of your Body.

He earnestly prays that you will take his case into consideration that he is a foreigner, and poor, and the woman complained against, an open and notorious prostitute, and that you will either divorce him from the said woman, or make such order as to your collective wisdom shall seem commensurate with the affording him adequate relief in the premises and He will ever gratefully pray &c.   /s/ L Tombereau

Raleigh Wake County November 19th A.D. 1824   }

General Assembly Session Records, November 1824, North Carolina State Archives.

He abused and abandoned her.

State of North Carolina, Guilford County    }   Superior Court of Law In Fall Term 1866

To the Honorable the Judge of said County

Zilpha Ann Goings of the county and state aforesaid by her petition respectfully showeth unto your Honor, that she was born free, that she intermarried in the county of Alamance on 7th of August 1858 with one Barrister Goings, a free man of color, that the said Barrister obtained a license from the clerk of the County Court for said County of Alamance, and the rites of matrimony were solemnized between them by a Justice of the Peace according to Law that the said Barrister lived [with] her about eighteen months, that for the first three months their life was peaceful and happy, that about that time, for some reason unknown to your Petitioner but wholly without Just cause, the said Barrister became Jealous of her, and began to curse, whip, illtreat, and threaten your Petitioner, that this course of conduct was kept up until some time in June 1860, when the said Barrister without cause and against the will of your Petitioner, left her and went to the county of Chatham, that in the autumn of that year, he returned to her, staid three weeks, quarreled with her, abused her threatened to take her life and again abandoned her, that she strove to make him happy and induce him to live with her, but it was all in vain, that he hath never returned to her house since that time, and has wholly and cruelly abandoned her, that he hath never since then helped her, in furnishing her in any thing to subsist, or paid any the least attention to her, whatever, that she is advised and believes that he has led a lewd life, since he quited her, that she is informed and believes, that he after leaving her, visited one Ruth Bass, a free woman of color, had illicit intercourse with her, and that afterwards the said Ruth was delivered [page missing] ly him, that she good reasons to believe and does believe that he has had illicit and adulterous intercourse with persons to her unknown, in the county of Chatham where he lived for some time after he left her, that she has not heard of him for about  two years, and does not know now where he lives, or in what manner he is conducting himself, that she has resided in Guilford county over seven years, that the course of action has existed for nearly eight years, that she hath born herself, as a wife should, hath observed her vows, of chasity and fidelity, and regretted no little that she could not induce her husband to continue with her, and observe his own vows of chastity and fidelity, help her to make a livelyhood, and lead with her a correct and upright life, that she hath never given him any cause for the course he has since stronly pursured, your Petitioner therefore prays your Honor that she may be dissolved from the bonds of matrimony with her said husband, the said Barrister Goings, and for further and such other relief, as the nature of her case may require and to your Honor may seem meet. May it please your Honor to grant unto her [illegible] writ of supoena directed to the said Barrister Goings, commanding him to appear at the next Term of the Superior Court of Law to be held for the county of Guilford at the Court in Greensboro on 4th Monday after 4th Monday in September 1866 then and there to plead, or answer the Libel of your Petitioner and stand to, abide by, and perform such orders and Judgments as shall lie made in this case, And as in duty bound will pray     Scott & Scott Atty

Divorce Records, Guilford County Records, North Carolina State Archives.

In the 1850 census of Southern Division: Barister Goans, 13, in the household of William Workman, 32. In the 1860 census of Eastern Division, Chatham County: Barrister Goings, 30, and Emeline Goings, 28.  In the 1870 census of Pittsboro Road North Side, Chatham County: Barrister Goens, 40, wife Nancy, 35, and children John, 11, George, 7, and Nathan, 5.

In the 1860 census of Alamance County: Stephen Bass, 60, with Ruth, 16, Sarah, 12, Jonathan, 10, and Eliza Bass, 6, and Maria, 23, M.J., 6, and John Dunnan, 2.

Deep-rooted and virtuous prejudices.

State of North Carolina, Wayne County   } At a Superior Court of Law began and held for the County of Wayne at the Court House in Waynesborough the first Monday after the fourth Monday of March 1828. Appeared there and then into Court Jesse Barden, and by his attorney Lewis D. Henry Esq’r., filed the following Petition under the act of 1827 –

North Carolina, Wayne County   } To the Honorable the Judge of the Superior Court of Law for Said County – The Petition of Jesse Barden, Humbly Shews that he is a Citizen of this County, That he intermarried with one Ann Mariah Bradberry about the Month of April in the Year 1827, That at the time he married her he cherished a fond affection for her and believed her to be good woman, and that she would make an excellent wife, That at the time of their marriage She had a child, which he believed was his own and had been begotten by him before their intermarriage, That her Conduct and Manners were so artfully devised during their Courtship, that he entertained the opinion She was a virtuous woman and that she had never departed from the path of Moral rectitude but in the instance alluded to, and then from the excess of an ardent and imprudent passion for himself, That shortly after their intermarriage however, your Petitioner discovered that Child So born before their marriage was a black child, to his utter Horror and astonishment, and which has Completely ruined his peace and Happiness for life, That as soon as Your Petitioner was Satisfied of the Colour of the Child and of the artful wiles that the said Ann Mariah had employed during their courtship to decoy him with the Conjugal Connection, by protestations of affection that she had made to him from time to time. He was so overcome with her perfidity that he not only broke off all connection with her, but has turned her from his House.

He prays Your Honor therefore that these facts may be inquired into and that he may be divorced from the bonds of Matrimony with the said Ann Mariah his wife, and such other and further relief as You may think proper.

This affiant swears that the facts Set forth in this Petition are true to the Best of his knowledge and belief and that the Said Complaint is not made out of Levity or Collusion between him and his said wife and for the mere purpose of being freed and Separated from each other.     /s/ Jesse Barden

Sworn to Subscribed before me the 3rd day of April 1828. Rob’t Strange

Whereupon it was ordered by the Court that a Subpoena and Copy of the Petition issue to the defendant returnable to the next Term which was done and the Sheriff of Wayne made return thereon that the defendant was not to be found [in] his County. After which It was ordered by the Court that an alias subp’a and copy of Petition issue to defendant returnable to Spring Term of Said Court 1829, which was issued.

This matter reached the North Carolina Supreme Court in Jesse Barden v. Ann M. Barden, 14 NC 548 (1832). In distinguishing the case from another decided the same term, Justice Thomas Ruffin noted that “in so young an infant, whose mother was white, it might not be in the power of an ordinary man, from inspection of the face and other uncovered parts of the body, to discover the tinge, although it were so deep as to lead to the belief now, that it is the issue of a father of full African blood.”  The case was remanded to ascertain (1) that the child was mixed race; (2) that both Bardens were white; (3) that Jesse Barden believed at the time of his marriage that the child was white; (4) that his belief was based on Ann Mariah’s misrepresentations; and (5) that the child’s “real color” was not obvious. If all were true, Barden was entitled to a divorce. “This is a concession to the deep rooted and virtuous prejudices of the community on this subject.”