Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: free status

A prayer for release from cruel servitude.

North Carolina, Craven County   }  The humble Petition of Ailce Williams a free born Mollatto of the Age of Twenty-three Years to the Worshipfull Court of Craven County non-Sitting

In most humble Shew Whereas your Petitioner has long been detain’d as a Servant to Peter Conway and whereas your Pett’r never has Signed any Indenture or any other Instrument of Writing as may well known plainly appear Therefore may it please your Worships to take it into your Mature Considerations that your Pettitioner may be Released from a cruel Servitude and your Pettitioner as in duty bound Shall Pray.

[No date.] Miscellaneous Records, Craven County Records, North Carolina State Archives.

He emigrated to Georgia and tried to take her and her children with him.

State of North Carolina Wayne County June 2nd 1853 Charity Bryant after Duly Sworn Deposith and Says as follows (viz) that She has Been acquainted with Fareby Simmons a free woman of Colour for the last Sixty years or theirabout and She lived with a certain William Burnham as an apprentice and after her time was Expired with Burnham She Still Remaind their with Burnham untwell he Sold out to Emigrate to the State of Georgia and wanted to Stip Said Fariby Simons off and hir children off with him and John Beck Thomas Wright William Gully Sollomon Rouse and Others and Established hir freedom and Burnham went of to the State of Georgia with his own Slaves and left fariby Simons and hir children to enjoy their freedom that was proven Hannah Simons a Daughter of Said Fariby was Bound as an apprintice to Betsey Burnham who afterwords intermarried with Thomas Simpson they Give up Said hanah as a free Girl and they have Remaind and past as free coulerd people ever since further the Deponant Sayeth Not  Charity X Bryant   June the 2nd Sworn to and Subscribed to Before me the Day & date first Written George Flowers JP

Records of Slaves and Free Persons of Color, Wayne County Records, North Carolina State Archives.

Nearly forty years after this statement was made, Charity Bryant’s granddaughter Minta Bryant Brown, a woman of color, sued one of Fereby Simmons’ descendants to take possession of a parcel of land.

He is a free man & not a slave.

State of North Carolina, Chowan County  } February 17th, 1844. Personally appeared before me, Thomas V. Hathaway, Clerk of the Court of Pleas & Q Sessions, in and for said County, John Buchannon, a yellow man aged about thirty seven years; about five feet, six inches in height; & proved before me, by Duncan McDonald, of Edenton, that he was free born; that he was bound to said McDonald, until he arrived to the age of twenty one years, which time he served out; wherefore I do hereby certify that the said John Buchannon hath made it, satisfactorily appear, that he is a freeman & not a slave; (Over) & in testimony of his being a free man & no slave, as proved, on oath, by said Duncan McDonald of Edenton, North Carolina.  I have hereto set my hand, & seal of office, at Edenton, the day & year aforesaid.

Miscellaneous Records, Chowan County Records, North Carolina State Archives.

These persons, though free, were sold and enslaved.

November Sup. Court, Edenton District 1778 }  State of No. Carolina

On motion that a Writ of Certiorari should Issue to the Justices of Pasquotank County, to remove all the Orders and Proceedings of the Court of the said County relating to the Sale and enslaving of the following Persons, either of them, vizs. Hannah, David, Charles, Toby, Pritchard, Nero, Prissilla, Rose, Judith, Jane, Albertson, Samuel, Hagai, Ann and Sarah, on a Suggestion that the said Persons, ‘tho free subjects of the state, were Sold and enslaved by Order of said Court, in express Violation of the Constitution of this State, and contrary to Natural Justice, and that there are Manifest Errors and Irregularities in the said Proceedings.

Ordered that a Certiorari Issue accordingly, unless Sufficient  Cause to the Contrary be shewn within the three first days of the next insuing Term.    /s/ Will Righton for Cha. Bondfield C.S.C.

Records of Slaves and Free Persons of Color, Pasquotank County, North Carolina State Archives.

It gets worse.

To the worshipful the Justices of the County Court of Edgcombe. The Petition of your Petitioner Harry McClennan humbly sheweth that your Petitioner is a freeman that for some time past he hath been held and claimed as a slave by William Leigh late of this County that a suit if now depending in this Court before your Worships against George Brownriggs wherein the said George at the instance of your Petitioner hath pleaded that your Petitioner is a freeman & not a slave your Petitioner further sheweth that he hath been informed that the said William Leigh, apprehensive that the said issue will turn out against him designs to seize upon the body of your Petitioner & remove him to some foreign Country beyond the jurisdiction of this Worshipful Court by which means your Petitioner would be utterly deprived of the benefit of the law and of those natural & Civil Rights to which the Citizens of this Country are entitled.

Your Petitioner further shews that impressed with the truth of the above design of the William [sic] he is hampered and impeded in preparing himself in his defence and without the interposition of your Worships to take his Care into consideration & give such Relief as to you in your Wisdom may seem proper.

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

Her complexion is an act of the Almighty, not her crime.

Pasquotank County   } To the Worshipfull the Justices of the Inferior Court of Pleas and Quarter Sessions of the County of Pasquotank County now in Court sitting.  The humble Petition of Ruth Tillet a free born, coloured Woman, Humbly sheweth unto Your Worships, that she was born of a Free woman named Ann Tillet, The daughter of the Wife of one [blank space] Tillet of Powel’s Point, supposed by a Black Man; That your Petitioner’s mother moved from Currituck to a Neighborhood on Little River, and was delivered of your Petitioner at the House of one Timothy Mead, where she remained until the Death of her Mother and the said Timothy, at whose [illegible] she was sold to one Blackstock who she verily believes was not ignorant of her Condition and Rights to Liberty, and sold her to a distant Merchant called Barny Coffoo of Newbern.  At which place, she had eight, Several Masters, each getting rid of her, as soon as thgey could, on hearing of her Story, and her Resolution to regain her Liberty.  That in the lifetime of her last Master John Bishop, she made her escape, and came to her native County, to which Place the said Bishop followed her and sold her to one Zachariah Jordon, (and he, as she has been informed gave no Purchase Money for her, and that the said Bishop enjoin’d the said Zachariah to inquire into her Rights and if true, to let her enjoy them, and if otherwise to send him payment, which was like the common Honest behaviour of his Life) who she believes, noways ignorant of the Premisses, still detains her in Slavery and Duress.  Your Petitioner humbly begs to inform Your Worships, That she has been so happy to find reputable and honest Evidence alive, although at the Distance of forty Years, of her Birth and of her Civil and Social Rights.

Whereupon your Poor and Distressed Petitioner humbly prays (Altho’ her Complection, which is an Act of the Almighty Not her Crime) Your Worships will, of your Mercy, take her Case under your Guidance and Consideration, and to render her such Redress as to Your Worships in your great Wisdom and Justice you shall seem Meet.    And Your Poor Petitioner as in Duty bound and ever Pray &c, Ruth Tillet by Will Cumming her Att’y

Ruth Tillet vs Zachariah Jordon}   Petition

Records of Slaves and Free Persons of Color, Pasquotank County Records, North Carolina State Archives.

A Cuban petitions in Craven County.

Craven County Js’s.  To the Justices of the Peace constituting the Inferior Court of Craven County aforesaid, the Petition of Antonio Muray (a free Negro) humbly Sheweth.

First in this year one thousand Seven hundred and Sixty nine your unhappy Petitioner left a Wife & Children in the Havanah, Shipped himself on Board a Vessel Bound to Jamaica and arrived at Jamaica & from thence to Carthagene, and back to Jamaica, and that he had lent one of the Sailors (John Taylor by Name) a Pistole while at Carthagene and their return to Jamaica a Dispute happened between your Petitioner and the said John Taylor, who refused to repay it, upon which the said John Taylor struck your Petitioner and he returned blows, and your Petitioner being a Black man was taken up at the Instance or Complaint of the Said John Taylor and committed to Gaol, for which Assault he was not prosecuted, and after being Detained three months in the Said Gaol untill as I understood five or Six pounds was due for the Fees of the Gaol, when a Certain Timothy Clear and Capt. Roberts came to the Gaol & talked about purchasing some Negroes that were in the Gaol & at last agreed with the Gaoler to pay the Gaol fees & take out your Petitioner & another free Negro which was in the Same Gaol.  Mr. Clear pd. the fees for me, & Capt. Roberts paid for the other, but before we left the Gaol an indenture was made for six or seven years to the said Clear who promised to set me at Liberty as soon as I had earned the value of the money which he paid, and that notwithstanding the fair promises of the said Timothy Clear (that he would use me kindly & not detain me any Longer than sufficient to reimburse him for about the sum of six pounds which was all he paid for me) he hath treated me cruelly, by unmerciful whipping, frequently for six years, and being Satisfied with my labour as a Slave during the said Term, sold me again to my present Master Thomas Parsons, who treats me Very Ill.  Your Poor Petitioner Humbly prays that your Worships will take my unhappy case into serious Consideration, and do what Justice and Humanity requires to be done in the premises.  And your Petitioner will ever pray, JW Cogdell for the Petitioner.

Petition of Antonio for Freedom. December Court 1775. Read and rejected.

Miscellaneous Records, Craven County Records, North Carolina State Archives.

Malaga Moll’s great-grandson sues for freedom.

William Dowry ag’t Francis Thomas   } Pet’o for freedom in the General Court.

The deposition of Ann Ridgely of Anne Arundel County aged between fifty seven and fifty eight years being first sworn on the holy Evangely of Almighty God, saith that she has seen William Dowry the petitioner but does not know much of him; that she knew Fanny who it is said, is Mother of the petitioner, very well; and this deponant also knew Mary Dove, the Mother of Fanny ever since she knew her own Mother, and she knew Fanny who is of about the age of the deponant from the time she was a child until she was a woman; this deponant is the daughter of Eliazar Burkhead who was the son of Abraham Burkhead, to whom Mary and Fanny both belonged when this deponent first knew them; and he gave Fanny to his daughter Frances Shekell the wife of John Shekell; this deponant further saith that Mary was a tall spare woman, of a brown complexion, and was the grand daughter of the woman, who came, or was imported into this Country and belonged to this deponants great grand Father as she has been informed and understood from her mother and her grand Father beforementioned: that her grand Father was the only child of his Father and possessed the whole estate; that this deponant has always understood that the Grand Mother of Mary Dove was a yellow woman and had long black hair; but this deponant doth not know whether she was reputed to be an East Indian or a Madagascarian, but she has understood that she was called in the family Malaga Moll, her name being Mary; and Mary Dove the Grand-daughter claimed her Sirname from her said Grand Mother; this deponant further saith that the Mother of Mary Dove (whose name she does not remember) died before her Mother, and whilst her daughter Mary Dove aforesaid was a small girl; and this deponant saith after the death of her father, her Mother intermarried with Leonard Thomas and the aforesaid Mary Dove then lived in the family and belonged to this deponant’s Brother James Birkhead, and upwards of forty years ago she sued for her freedom, and before any determination of the suit the aforesaid Leonard Thomas moved with his family and effects to North Carolina, about twenty miles from New Burn and carried the aforesaid Mary Dove with him, this deponants Brother James being then about five or six years of age: that the said Mary Dove prosecuted her claim to freedom at Newburn in North Carolina soon after she was removed there, and obtained her freedom upon trial at this deponant understood, together with three of her Children and two of her Grand Children and they were all discharged from the possession of the said Leonard Thomas; that the Children were named James, Nell and Sue, and the Grand Children, Will and Sal; that this deponant has heard her father in Law Leonard Thomas say that a certain Alexander Sands, who was the Son of an East Indian woman; and was commonly called Indian Sawny, was a Witness for the said Mary Dove, and that he proved that the Grand Mother of Mary Dove was an East Indian Woman; that this deponant does not recollect to have heard her father in law mention any other witness in particular who was sworn for the petitioner, but thinks he mentioned that one John Wells was sworn on her behalf; that the said Mary Dove had a brother named Dowry who belonged to this deponants uncle. That the aforesaid Leonard Thomas removed back to Maryland in a few years and sometime afterwards returned to North Carolina near the Yadkin and died about twelvemonth ago: — sworn to in open Court 16 Octo. 1791.    True Copy     Jno. G. [illegible]

Miscellaneous Records, Craven County Records, North Carolina State Archives.

[It is a reasonable conjecture that Mary Dove was the forebear of all the free colored Craven, and later Onslow and Jones, and later still Lenoir County Doves.]

Shew cause why he keepeth her in a state of slavery.

State of North Carolina, Edgcombe Countye   }  To the Sheriff of sd. County greeting you are hereby commanded that you Summon James Williams if to be found in your Bailiwic to make his Personal Appearance at the next county court of pleas &c., to be held for the County of Edgcombe afores’d on the first monday in May next then and there to shew Cause why he keepeth in a State of Slavery, Sarah Rogers, who by her petition to the Justices of the county court afores’d allegeth that she is a free woman And have you then there this Writ — Witness Edward Hall Clerk afs’d court the 7th Day of Feby. 1785.  Edward Hale Clk.

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

Bright mulatto says he is free.

COMMITTED TO THE JAIL OF WAKE COUNTY, a negro man who says his name is WASHINGTON, and that he belongs to Capt. William Smith, of the 6th regiment N.C.T., and he now resides in Petersburg, Va.  Said boy says that he was put on the cars at Salisbury, N.C., by his master, and by some accident they became separated, and he, the said boy, was taken up and committed as a runaway.

Also, another negro, calling himself HENRY BROOKS; says is free, and that he is from Wayne County, N.C., and was bound to Benj. Herring, of said county, now dead.  Said boy is a bright mulatto, about 27 years old.

Notice is hereby given that the owner or owners come forward, prove property, pay charges, and take them away, or they will be dealt with as the law directs.  W.H. HIGH, Sheriff.  Oct. 14, 1862.

Weekly Standard, Raleigh, 15 October 1862.