free status | Fourth Generation Inclusive

January 11, 2013

Because they were like all other Indians.

State of North Carolina, Edgecomb County }

In obedience of and order of Court to me Directed to take the Depossition of ann Bridgers in a suit Defending Between Beck plaintiff and Alexander Sessums Defendant the Said Ann Bridgers Deposeth and Sayeth —

I no that the Indian woman that was Called [by] Cristopher Guin I believe was a Indian.

Question 1: What Resons had you to Belive they ware Indians

Answer: because they were Like all Other Indians I ever see hir name was Jenney the Mother of Beck

Question 2: had you any other Reasons to believe they was Indians only by her Looks

Answer: no i had not But her Looks was Sufficient

Question 3: had she Long hair

Answer: yes

Question 4: was she a slave as long as you new her

Answer: yes

Question 5: Did Mr Guin Call them Indians or Slaves

Answer: he Called them his Indians

Question 6: Did you know whether Guing Ever said his wench Jene was Intitled to freedom or not

Answer: No

April 26 Day 1793 Jno. Batts JP

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Becke, a Woman of Colour vs. Alexander Sessums } Citation

The Court has heard & answered the Testimony produced by the plaintiff to Support her claim to her freedom and are of opinion that She is well entitled thereto from the Testimony but not concerning that her case comes up to the Act of Assembly such cases made and provided do therefore determine that they cannot interpose to grant her the relief held out by the said Act and can take nothing by her motion as it now Stands.

Ann Bridgers gave evidence in a suit filed by Beck to obtain her freedom. Apparently, she did not win it. These documents are found among unrelated documents in Slave Records, Edgecombe County Miscellaneous Records, North Carolina State Archives.

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December 25, 2012

They claim to be free.

NOTICE. TWO MULATTOES, a man and woman, were arrested and committed to jail in this county, on the 6^th this month. They claim to be free, but are believed to be slaves, having no sufficient evidence of their freedom. The man is 25 or 30 years old, about six feet high and calls himself ANDREW McCALL. The girl is about 18 or 20 years old, and says that her name is Louisa McCall. They say that they were kidnapped from their hometown near Norfolk, Va., by Sandy Hogan, a trader from North Carolina, and after travelling in the South about two months, ran away from him.

Any person complaining said slaves, are requested to come and prove property, pay charges and take them away, or they will be dealt with according to law. B.J. SMITH, Jailor. Burnsville, Yancy co., Feb. 14, 1843.

Highland Messenger, Asheville, 17 Feb 1843.

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December 20, 2012

He says that he is free, but cannot make it appear.

NOTICE. There is in the common jail in Jones County, N.C., a negro man aged about 20 years, dark copper color, about 150 pounds, says his name is JOHN CARY, and came from Princess Anne county, Va., to Gates county, N.C., and worked with Nathan Parker for some time, then went to Craven county and worked on the Atlantic and N.C. R.R., then to Jones county. He says that he is free, but cannot make it appear, and also he is indicted as a free negro for migrating into the State. The owner is notified to come forward, prove property, pay charges, and take him away, or he will be dealt with according to law. J.H. NETHERCUTT, Sheriff. May 15, 1860.

Weekly Standard, Raleigh, 16 May 1860.

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December 20, 2012

He calls himself John Blair.

TAKEN UP & COMMITTED TO JAIL. In this place on the 6^th day of November last, a Negro Man, between 30 and 35 years old, 5 feet 5 inches high, a dark mulatto, he has a small scar under his chin, he has lost two of his upper front teeth: he had with him when taken, a great many clothes, three coats of homespun, 6 or 7 shirts, 6 or 7 pairs of pantaloons, and 5 or 6 vests, a rifle gun, a Lapine Watch, and two gold breast pins.

He calls himself John Blair, and says he is a free man, and was raised in Charleston S.C. JOHN M. VANHOY, Jailor. Germanton, Stokes Co. N.C. 1837

Carolina Watchman, Salisbury, 18 Mar 1837.

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December 19, 2012

Born in Guinea, carried to France, landed at Beaufort.

ADVERTISEMENT.

ON the 29^th day of October last, came to the house of the subscriber, a negroman who says his name is BRANDY, and that he is a free-man that he was born in Guinea and carried to France, and afterwards to this country by Calu a Frenchman, about 12 or 18 months past, who landed at Beaufort. He is about 30 years of age, of a black complexion, about 5 feet 8 or 10 inches high, has the marks in the face of a guinea negro, I believe he speaks French pretty well. If any person has any lawful claim to the above mentioned negro I earnestly request that they will give me private notice of it, and upon information of his being a slave I will do my earnest endeavours to confine the said negro, as I shall be by his owner directed, as he is at this time at my house and says that he will stay there. NATHAN ARCHBELL. Beaufort county, Nov. 1^st, 1800.

Edenton Gazette, 19 Nov 1800.

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December 8, 2012

Register of (NC-born) Negroes & Mulattoes: Vigo County, Indiana.

Jethro Bass registered 2 July 1853. Age 70. Mulatto. Born Granville County NC. Resided Lost Creek township.

Jethro Bass and Polly Mitchell married in Granville County NC on 3 Apr 1809. In 1830, Jethro Bass headed a household of 13 free people of color in Vigo County, Indiana. In the 1850 census of Harrison township, Vigo County, Indiana: Jathro Bass, 70, wife Polly, 60, Emily, 17, and Alfred Bass, 6.

Lucy Brooks registered 9 July 1853. Age 35. Mulatto. Born Northampton County NC. Resided Harrison township.

John Brooks registered 9 July 1853. Age 45. Mulatto. Born Halifax County NC. Resided Harrison township.

In the 1850 census of Harrison, Vigo County, Indiana: John Brooks, 42, Lucinda, 32, Kinchen, 12, Benjamin, 10, Amanda, 8, William, 6, and Augustes, 7 months. John and Lucinda were born in NC; the children, in Indiana.

George Evans registered 2 July 1853. Age 49. Mulatto. Born Randolph County NC. Resided Lost Creek township.

Solomon Jackson. Registered 16 June 1853. Age 45. Negro. Born Richmond County NC. Resided Terre Haute.

John Mathews. Registered 18 June 1853. Age 36. Mulatto. Born NC. Resided Terre Haute.

In the 185o census of Harrison, Vigo County: John Mathews, 35, wife Lucretia, 23, and Lucy D., 1, plus Amy Halaran, 21, born in Ireland, and George Beard, 26, born in Kentucky.

George Mitchell. Registered 17 June 1853. Age 25. Negro. Born Rawlegh Way [Wake] County NC. Resided Terre Haute.

Jeremiah Mitchell. Registered 25 June 1853. Age 61. Negro. Born Rawlegh Way [Wake] County NC. Resided Terre Haute.

Samuel Mitchel. Registered 25 June 1853. Age 50. Mulatto. Born Orange County NC. Resided Lost Creek township.

William Morgan. Registered 8 Aug 1853. Age 28. Mulatto. Born Louisburg NC. Resided Otter Creek township.

Henry A. Newsom. Registered 6 Aug 1853. Age 35. Negro. Born Greene County NC. Resided Harrison township.

In 1851, when the Indiana General Assembly enacted its second state constitution, it included a provision, Article XIII, prohibiting any Negro or mulatto from entering or settling in the state. To enforce this provision, county clerks were ordered to register Negroes and mulattos already living in Indiana. This post abstracts Vigo County registrants reported born in North Carolina.

Vigo County Register of Negroes and Mulattoes, Indiana State Archives.

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December 2, 2012

The first free colored person he recollects he ever saw.

State of North Carolina, Wayne County } August the 3^rd 1853

Jesse Martin after being Duly Sworn Deposeth & Says as follows (viz) that he has known Fariby Simons a free Woman of Color for the last Sixty or Sixty five years and was Raisd within one of Two Miles of hir She was the first free Colord person he Recolects Ever saw and She was Cald free Fariby in the Neighborhood the Deponant further Sais She the Said Fariby Simons Never was considered to be a Slave the Said Fariby Simons livd with William Burnham She & Burnham would have a fawling out at Some times & she thretend to leave him Said Burnham and they would have to Compremise to Keep hir from leaving but She was concidered By all knew his that She was free & has Remaind So to the present time further the Deponant Sayeth Not August the 3^rd 1853 then was the above written certificate of Jesse Martin Sworn to & Subscribed to before me George Flowers JP /s/ J Martin

Jesse Martin’s affidavit Evidence of Phereby Simmons freedom Recorded Aug 6 1853

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

This is one of four sworn statements by whites attesting to Fereby Simmons’ freedom. They were recorded in Docket Recording Book 11, p. 346, with this notation: “The following papers were presented to the court & permission asked to have them Registered & Recorded for the better security of the evidence therein contained, the court doth therefore grant said request, let them be recorded.” Office of the Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

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November 25, 2012

Despite our natural inclinations….

William Mayho, by his next friend, v. Edward Sears, 25 NC 224 (1842).

On 23 July 1805, John Moring of Surry County, Virginia, executed a deed of manumission for his slaves. Hannah, Patrick, Cherry, Jordan and Charlotte were to be freed immediately. Isabel, Carter, Polly, Burwell, Maria and Willis were to be set free over the next 19 years, according to a set schedule. Thereafter, Moring moved to Orange County, North Carolina, bringing Polly with him. Prior to 1 April 1814 (her scheduled date of manumission), Polly gave birth to a daughter, who gave birth to plaintiff William Mayho in about 1830. After 1 April 1814, Polly, her daughter and grandson lived by themselves and acted in every respect as free persons. They were regarded as free people of color by their neighbors and recognized as such by Moring, until 1838, when he sold Mayho to Edward Sears.

The question before the North Carolina Supreme Court was whether Mayho’s mother was free at birth, or became so prior to his birth. “There is a natural inclination in the bosom of every judge to favor the side of freedom, and a strong sympathy with the plaintiff, and the other persons situated as he is, who have been allowed to think themselves free and act for so long a time as if they were; and, if we were permitted to decide this controversy according to our feelings, we should with promptness and pleasure pronounce or judgment for the plaintiff. But the court is to be governed by a different rule, the impartial and unyielding rule of the law; and, after, giving to the case an anxious and deliberate consideration, we find ourselves obliged to hold, that in the law the condition of the plaintiff is that of slavery.” In other words, applying the laws of Virginia, Polly was still a slave when her daughter was born, making the daughter a slave, and Mayho a slave in turn.

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November 5, 2012

40 years’ acquiescence gives effect.

Augustine Cully v. Lovick Jones et al., 31 NC 168 (1848).

This was an action for false imprisonment. Plaintiff Augustine Cully‘s mother Phebe was the slave of Jane Thompson. Thompson’s will directed her executor Reuben Jones “to obtain the freedom of Phebe, if practicable, on account of her meritorious services.” In November 1806, Jones filed a petition in Carteret County court for Phebe’s freedom. Phebe and her children were thereafter permitted to act as free people. However, Jones neglected to give the required bond for the action until 1816, when he was ordered to do so, and did. Phebe’s daughter Augustine was born in 1808 and lived as a free person until just before this action commenced, when Lovick Jones seized her and claimed her as a slave.

The NC Supreme Court held that, though Augustine Cully was born before the bond was effectuated, neither Reuben Jones, who neglected his duty, nor anyone claiming for or by him could take advantage of that omission, much less a mere wrong-doer. “More than forty years have allowed to pass from the act of emancipation and [Augustine’s birth], before any claim was made to hold her as a slave; during all which time, she passed as a free person and was so treated and considered by the community, in which she lived. After so long an acquiescence, almost any thing will be presumed, in order to give effect to the act of emancipation.”

The 1850 census of New Bern, Craven County, shows a household that included Phillis Martin, 85; Augustin Cully, 35; Adam Cully, 40 and blind; Joseph Martin, 29, and Alex. Martin, 27, both sailors; Abner Cully, 14; Eliza Cully, 11; Elizabeth Cully, 9; and Adam Cully, 5. All were described as black.

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October 17, 2012

She lived to herself and was controlled by no one.

William Brookfield v. Jonathan Stanton, 51 NC 156 (1858)

William Brookfield, whom Jonathan Stanton claimed as a slave, brought the action to try his right to freedom. Brookfield introduced evidence that for 30 years or more prior to his birth, his mother and maternal grandmother were recognized and admitted to be free people of color. They were known as the McKim negroes. His mother had moved from Carteret to Hyde County and lived as a free woman. She was reported to be the wife of a slave “but lived to herself and was controlled by no one.”

Stanton sought to prove that Brookfield’s mother and grandmother were slaves. He proffered (1) an attachment made on behalf of an Elijah Cannady against John McKim, who resided in another state, that was levied upon a negro woman named Beck and her children Fan and Olly in 1809 and (2) a bill of sale for the purchase of Bookfield. Both were rejected.

The Supreme Court noted that when a person is black, i.e. dark-skinned, a presumption arises that he is a slave. Nonetheless, where that person’s mother and grandmother have been treated as free for 30 years, there is an inference that they were lawfully manumitted. The case was remanded to Craven County court.

There are no free colored Brookfields or McKims listed in antebellum North Carolina census records.

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