Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: marriage to slave

May 24, 2014

They were sold for his debts.

SALE OF NEGROES.

A public sale of negroes took place in this town at the Court House steps on Saturday last, of which the following is an account.

Negro woman, aged 25 with two young children brought 883.

Negro girl, aged, 16, brought $711

Negro girl, aged 22,   “             808

Negro boy, aged 22, “              817

The first three were purchased by Dr. Dortch of Stantonsburg, the fourth by Mr. John Davis, of Lenoir and the fifth by Mr. Fourney Jernigan of Wayne. They were the children of a free negro by the name of Adam Wynne, who had purchased their mother, his wife, previous to their birth. – They were consequently his slaves and he having become involved, they were sold for his debts. – Goldsboro Tel.

The North-Carolina State (Raleigh), 17 March 1852.

[Sidenote: These four were not the first or last of Adam Wynn’s children to be sold to pay off his debts. — LYH]

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May 18, 2014

Armwoods on the lam.

$200 Reward!

Stop the Thieves and runaway Mulattoes.

WHEREAS, sometime ago, Jemima Armwood, a free mulatto woman, for the sum of $200, (to enable her to purchase her husband, named Richard, or commonly called Dick Youngblood, well known in Barnwell District, So. Ca.) bound three of her Girls, named Becky, about 17 years old, Teena, about 14, and Darcas, about 12, to me, to serve as indented servants, and on Thursday, the 8th instant, they inveigled them from my service and removed to parts unknown, taking them my three servants; they besides committed several acts of swindling, theft, outrages, and other rogueries, to myself and others, — such as stealing my sulkey and harness, and selling them in Hamburg, S.C., on the 7th instant; and on the 8th, assaulting and beating a white man, a respectable old gentleman; and many other villainies too numerous to be here inserted.

A reward of $200 dollars will be paid for apprehending the said Jemima, her husband Dick, Becky, Teena, and Darcas, and deliver them to me, or in the Augusta Jail. They have besides five smaller children, one a sucking baby, and may probably have their son, named Daniel, about 22 years of age, all mulattoes, 10 or 11 in number. They started with a cart and a white blind mare; the cart is an uncommon one, it has a very large new body nailed to the shafts, the wheels are from an old gig, originally painted green, but dirty – the axletree of the cart is wood, and the ends that goes in the wheels are iron. Dick is short, about 40 or 50 years of age, illiterate but keen, artful, and well acquainted with the world – most any subject can furnish him with grounds on which to build plausible stories, to secure in his favor the sympathy of others; (and girls are known to be prolific subjects.) Therefore, in order, if possible to counteract his cunning, and as I am not known at a distance, let it be known that I am a married man, with wife and seven small children, the oldest only ten years. I employed the three girls in nursing my small children, and to no other work, and never whipped them; but Dick gave Teena a most unmerciful whipping on the 8th instant, for not robbing me according his directions, and may probably place that whipping too, to my credit, in order to enlist the feelings of others in his favor. – They have been traced to Fayetteville, N.C., and arrived there between the 18th and 26th February. JOHN GUIMARIN, Watch Maker, No. 171, Broad Street. Augusta, Geo. Feb. 23, 1827.

Fayetteville Weekly Observer, 3 May 1827.

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May 16, 2014

Daniel Artis’ will and estate.

Daniel Artis was born about 1820, probably in Greene County, and died in early 1905. He married an enslaved woman (or women) whose name is unknown, and his children were born in slavery. Daniel recorded two wills in short succession in Greene County. The first, dated 15 January 1905, was recorded in Will Book 1 at page 514; the second, dated two days later, at page 524. The legatees are the same, but the gifts are packaged differently:

Item 1. Page 514 — to daughter Clary Edwards, wife of Henry Edwards, his interest valued at $172 in the tract of land on which Clary and Henry live. The tract was purchased from Debro Cobb with money advanced from Henry Artis. If $172 is more than the other’s children’s share, Clary is to make them even, and vice versa. Page 524 — to daughter Clara Edwards, wife of Henry Edwards, his interest valued at $172 in the tract of land purchased from Debro Cobb. His agreement with Henry Edwards has not been recorded.

Item 2. Page 514 — to son Henry Artis, 1/4 interest in his real estate. Page 524 — to son Henry Artis, 40 acres, including the house in which Daniel then lived.

Item 3. Page 514 — to the children of his son Lodrick Artis (Anna Randolph, Frank Artis, Lula Forbes, Madison Artis, Marcellus Artis, Ernest Artis, Dicey Batts and Hannah Artis) 1/4 of his estate. Page 524 — to the children of Lodrick Artis and his wife Mandy, 40 acres (land Lodrick resided on at the time of his death) and all buildings thereon.

Item 4. Page 514 — to the children of his daughter Prior An Thompson (Isaac Sauls, C.D. Sauls, Maria Edwards and Clara Lane), 1/4 of his estate. Page 524 — to Prior An Thompson’s children and their heirs, 40 acres that Willis Thompson lives on.

Item 5. Page 514 — $50 to daughter Mariah Swinson, wife of Jesse Swinson, to be paid from the shares of the others in the amount of $12.50 each. Page 524 — a committee to be appointed to assess value of shares and make Clara Edwards’ share equal to the others, difference to be paid within seven years.

Item 6. Page 514 — none. Page 524 — Each lot to be taxed $12.50 to pay daughter Mariah Swinson, wife of Jesse Swinson.

Grandson Isaac Sauls was appointed executor in both, Daniel Artis signed each with an X, and both were proved on 21 March 1905.

Whatever his intent at clarification, things did not go well with Daniel’s estate. A Notice of Sale ran four weeks from December 1923-January 1924 in the Greene County weekly The Standard-Laconic announcing the sale of “a certain tract or parcel of land devised to Henry Artis by Daniel Artis by his last will and testament, … containing 40 acres.” The sale was advertised pursuant to a judgment in Greene County Superior Court in the matter of Frances Hall; Bennett Hall; Bessie Woodard, infant; and Alice Woodard, infant, by their next friend Amos Woodard v. J. Settle Artis and Roumania Artis. Settle Artis, who was Henry Artis’ son, had purchased the parcel at a courthouse sale the previous July. Frances and Bennett Hall were Settle’s sister and brother-in-law, and Amos Woodard was another brother-in-law, widower of Settle’s sister Dillie.

The next suit over Daniel’s estate — filed in 1930 — was Isaac Sauls; Walter Sauls; Luby Sauls; Edward Sauls; Hattie Speight and her husband Walter Speight; Mariah Thompson; Lillie May Sauls, minor, George Sauls, minor, Sarah Sauls, minor, Lillie Lee Sauls, minor, Walter Sauls, minor, appearing by their next friend, Luby Sauls; and Nettie Sauls; Henry B. Lane; Lillie Maud Best and her husband Alex Best; John H. Lane and Carrie D. Lane, a minor, children and heirs at law of Clara Thompson; Penny Edwards, Silas Edwards, Prior Edwards and the Henry Pettaway children as follows: Hadie Pettaway, minor, Willie Harrison Pettaway, Georgia May Pettaway, minor, Minnie Clyde Pettaway, minor, grandchildren of Mariah Edwards, by their next friend Henry Pettaway v. C.D. Sauls and Duffrey Edwards. In other words, a fight among the heirs of Daniel’s daughter Prior Ann Artis Sauls Thompson. The crux of the matter is set out in paragraph 10:

10. That the plaintiffs, heirs at law of Isaac Sauls, Mariah Edwards and Clara Thompson are the owners of three fifths of the land devised by Daniel Artis in Item 4 of his will to the children of his daughter Prior Ann and are entitled to have the defendant Cain D. Sauls declared to have the same held in trust for them and are entitled to an accounting of the rents and profits of the same from the date of his purchase in 1908.

Instead, they alleged, C.D. Sauls had been keeping hundreds of dollars of rent for himself and, in 1928, had sold the parcel to Duffrey Edwards for $3000, with full knowledge by Edwards that Sauls was trustee for his relatives. C.D. denied all, of course. In 1937, his daughter and son-in-law, Willie Sauls Burgess and W.D. Burgess, were added as defendants after C.D. and his wife Ada allegedly tried to fraudulently transfer the disputed property to her. In 1939, the clerk of court entered a non-suit judgment noting that the parties had reached an amicable settlement. No details were included. The matter was over.

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July 22, 2013

The peculiar circumstances: the husband might become a slave of his children.

To the Honorable the General Assembly of the State of North Carolina now in Session – The Petition of Lovedy Henderson a free woman of color, respectfully represents that your Petitioner intermarried some years since with a certain man of color by the name of Horace, then a slave, but with the consent of his owner. That since their marriage by care and industry, she has been enabled to purchase her said husband at the price of Eight Hundred & Seventy dollars of Hugh and John G. McLaurin Executors of Duncan McLaurin deceased.  That she has paid the purchase money & has a Bill of Sale duly executed by the said Executors. That your Petitioner now has two children by her said Husband & as by possibility her husband might become the slave of her children, your petitioner is induced to ask the interference of your honorable body, as the only tribunal authorized to grant the relief prayed for. Your Petitioner would not presume to ask this indulgence in her favour, in contravention to the policy of the Laws of the Land, but from the peculiar circumstances of her case & the belief that she will be enabled to establish for her Husband such a Character as to entitle him to the favourable notice of your honorable body. For this, she relied on the certificates of highly respectable gentlemen both in Fayetteville & the City of Raleigh, where they have lived since their intermarriage. Your Petitioner therefore prays the passage of an Act, emancipating her said husband Horace Henderson, and she in duty bound will ever pray &c. /s/ Lovdy Ann Henderson

We Hugh McLaurin & John C. McLaurin Executors of Duncan McLaurin dec’d unite in soliciting the passage of an Act for the emancipation of Horace Henderson as prayed for by his wife and we are free to say that we have long known said Horace who is a Barber and a boy of unexceptionable good character and of industrious & moral habits.   /s/ H. MacLaurin for himself and John C. MacLaurin

We the undersigned citizens of Fayetteville freely unite in soliciting the General Assembly to pass an Act emancipating the negro man Horace, that we have known said Horace as a Barber & a Boy of good character, industrious habits and as we believe of the strictest integrity.  /s/ J.H. Hooper, John MacRae, John Kelly, Thos. L. Hybart, [illegible] Cochran, John Lippitt, D.A. Saltmarsh, Chas. B. Jones, [illegible] Hawley, William S. Latta, Jas. Huske, Duncan Smith, Henry W. Ayer

We the undersigned citizens of Raleigh freely unite in soliciting the General Assembly to pas an Act emancipating the negro man Horace, that he has lived in the place for the last three or four years as a Barber, and has conducted himself with the utmost propriety, that in his deportment he is humble & polite, free as we believe from any improper intercourse with slaves, industrious & honest.  /s/ M. Stokes, R.M. Saunders, Jo. Gales, B.W. Daniel, Geo. Simpson, J. Brown, John Primrose, Hazlett Wyle, Richard Smith, S. Birdsall, Jno. G. Marshall, A. Williams, Fabius J. Haywood, Robert Staniroy

General Assembly Session Records, November 1832-January 1833, Box 5, North Carolina State Archives.

In the 1850 census of Greensboro, Guilford County: Horace H. Henderson, 40, barber, and wife Love, 39, both born in Fayetteville; children James, 18, farmer, Mary Ann, 17, and Timothy, 14, born in Raleigh; and Albert, 10, Sarah, 8, Thomas, 4, and Alexander, 3, born in Greensboro; all mulatto.

[Sidenote: Ninety years after this petition, a Horace Henderson was born into my extended family, but I know no connection between my Hendersons, originally of Onslow County, and Lovedy Ann Henderson. — LYH]

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June 26, 2013

Guilty of cohabitation with a slave.

State v. Zadock Roland, 28 N.C. 241 (1846).

At the Spring Term, 1844, of Guilford County Superior Court, Zadock Roland, a free negro, was found guilty of living and co-habiting with a female slave named Peggy, the property of George Albright.  Two years later, at Spring Term 1846, Roland came into court for judgment. He “resisted the motion, because, as he then said, the master of the slave Peggy had originally given his consent to their marriage and co-habitation.” If true, Roland should have been found not guilty. However, he did not raise the defense at trial and raising it post-conviction was too late. Judgment affirmed.  

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June 26, 2013

He has accumulated $6000 in livestock, negroes and money, and he petitions for freedom.

To the Honorable The General Assembly – of North Carolina –

The petition of Ned Hyman (a slave) humbly complaining sheweth unto The Honorable The General Assembly aforesaid, that your petitioner now residing in the Town Williamston in the County of Martin & state aforesd, and by occupation a farmer — was born some fifty four or five years ago the property & slave of one Jno. Hyman of Bertie County, that sd Master Saml., that after sd Master Saml., in whose possession and under whose control and management your petitioner lived and served from the time up to the death of sd Master Saml — which happened some time in the year 1828 — Since that time your petitioner with little exception has been under the control of the Executor of his sd decd. Master. Your petitioner would further state, that during his long period and through every change of Master or service your petitioner has been a faithful and an honest servant to the interest of him or her whom it was his duty to serve — and of this he hopes he can give the most satisfactory testimonials. Your petitioner would further state that some time about his Twenty-seventh year he intermarried with one Elizabeth Hagans a free woman of Colour with whom he has lived in friendship and harmony with little or no exception ever since; (and although your petitioner has been informed that the sd union or marriage did not constitute your petitioner & sd Elizabeth “husband & wife” in the Legal acceptation of that phrase — yet your humble petitioner would ask the indulgence of your Honorable body and hope that it will not be considered at all presuming, to use these words, through out the remainder of this petition and the other writings accompanying it, when ever there may be necessity for them or either of them, instead of words — of like import –) Your petitioner would further state, that through the indulgence and advantages which his kind & benevolent master extended to him, aided by his industry prudence and frugality and seconded by the virtues and exertions on the part of your petitioners wife — Elizabeth, (not less profitable,) your petitioner has had the good fortune to accumulate an estate worth from five to six thousand dollars; consisting of lands chiefly live stock negroes and money, the right & title to all which except the money is vested in your petitioners wife Elizabeth — Your petitioner would further state that it was the wish of his decd Master Saml. Hyman expressed to his family often times during his last illness that your petitioner after his death should do service as a slave to no person — but that as far as was consistent with the Laws of the State he wished him to be free — alleging as the reasons, that your petitioner had been a trusty faithful and obedient servant to him through a long period of years; that your petitioner would further state that in furtherance of this kind and benevolent wish of your petitioners decd Master for your petitioners future freedom and happiness, his Executor Jno. S. Bryan has (At your petitioners request) sold your petitioner to your petitioners sd wife Elizabeth. — that your petitioner by his sd. wife Elizabeth has three children Penny, Sarah, and Ned — the two daughters are of full age, the son nearly so — that your petitioner has been informed that by, either the death of his sd wife Elizabeth or a change in her feelings or disposition towards your petitioner, your petitioner might not only lose his whole estate but even that portion of freedom and happiness, which by the kindness of his wife he is now permitted to enjoy. But your petitioner in justice to his kind and affectionate wife Elizabeth would further state, that she is not disposed at all to abridge in the least degree the liberty or happiness of your petitioner but wishes and desires (if consistent with the will of the Honorable The Genl. Assembly aforsd) that the same may be inlarged & increased — that she is therefore perfectly willing and anxiously desires to give up her sd title to your petitioner to the Honorable Genl. Assembly aforesaid that they may confer the same (by an act of manumission) to gether with such other liberties and privileges & immunities as other free persons of Colour now by law enjoys, — upon your petitioner — that to this end & for this purpose the sd Elizabeth the wife of your petitioner will unite with your petitioner in praying The Honorable Genl. Assembly aforesad — that they would take his case into consideration and to pass such an act in favor of your petitioners manumission they as they in their wisdom may deem meet and proper — that in Confirmation of the sd Elizabeths sincerity in this prayer and request she will most willingly Sign this petition with your petitioner — Your petitioner considers that further enlarging might be trespassing too much upon the time of The Honorable the Gen. Assembly aforesaid — But in conclusion however your petitioner would further stat that from this facts already stated it must be apparent in what an unpleasant and grievous situation your petitioner is placed — He has by laboring of in the nights and as such other spare times as his master would give him and by his prudence and frugality acquired an estate which (Say nothing of the uncertainties of life) he has not the assurance of enjoying even for a day — that he in a single hour might be placed in a worse condition than the day he began his life — that your petitioner has by his faithfulness and extraordinary attention to his masters business and interest secured his esteem and favor and obtained his sincere wishes that your petitioner should be freed — & the nearest your petitioner has been able to approach an end so desirable to his decd Master, is, to have your petitioner vested in your petitioners sd wife Elizabeth — that it must be evident to the Honorable The Genl. Assemble from these facts in what a precarious condition, stand the property, the liberty and [e]ven the happiness itself of your petitioner — Your petitioner together with his wife Elizabeth therefore pray the Genl. Assembly aforsd in tender consideration of his unhappy and grievous condition to pass such an act for his benefit and relief, as in their wisdom may seem meet & in their justice may seem right & proper & your humble petitioners is in duty bound will ever pray &c   Ned X Hyman, Elizabeth X Hagans

Test Wm. B. Bennett, E.S. Smithwick

 

 

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June 24, 2013

An act to emancipate Ned Hyman.

An Act to emancipate Ned Hyman, a slave

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That Ned Hyman, a slave belonging to Elizabeth Hagans, of Martin county, is hereby with the consent and at the request of his said owner, emancipated and set free; and by the name of Ned Hyman, shall hereafter possess and exercise all the rights and privileges which are enjoyed by other free persons of color within this State: Provided, nevertheless, that before such slave shall be emancipated, the petitioner shall give bond and good security to the Governor and his successors in office, in the County Court of Martin county, that the said slave shall honestly and correctly demean himself as long as he shall remain in the State, and shall not become a parish charge; which bond may be sued upon in the name of the Governor for the time being, to the use of the parish and of any person injured by the malconduct of such slave.

Chapter CIX, Public and Private Laws of North Carolina, 1833-34, North Carolina State Library.

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June 22, 2013

A memorial of sundry citizens on behalf of Britton Jones.

To the Honorable the General Assembly of North Carolina now in Session –

The undersigned memorialist respectfully represent to your honourable body that Britton Jones, a free man of colour was born and raised; and continued to reside until he was about thirty years old in Bertie County and that up to the time he left the same he sustained a good character. Your memorialists further shew that in Janry of 1829 his wife, who is a slave was carried together with his children to the State of Alabama, by her owner; and then continued until 1832 when she was brought back to the State of North Carolina – They further shew that the said Britton, in consequence, as your memorialists believe, of the removal of his wife and children; also went to the State of Alabama, and then continued until he was subjected to the provisions of an Act of Assembly prohibiting the emigration of free persons of colour. Under these circumstances your memorialists consider that it is a case of peculiar hardship and respectfully pray your honourable body to pass an act exempting said Britton Jones from the provisions of the act aforesaid – and your memorialists will ever pray &c.  /s/ Dav: Outlaw, George A. Askew, Elijah Rayner, D.W. Stone, J.S. Taylor, David Ryan, M.C. Ryan, Geo. B. Outlaw, Jos. B.G. Roulhac, J.P. Roulhac, Turner Carter, Stephen Bazmore, Thos. Spiller, S.J. Webb, Mo. Ramsey, W. Blanchard, E.A. Rhodes, John Raymond, John D. Thurston, G. W[illegible], James G. MLoon, Th. Ruffin, A.W. Mebane, Lewis Bond, Jas. P. Jones, Wm. W. Cherry, Wm. B. Forsyth.

—–

The Committee on Propositions and Greviances to which was referred the Petition of Britton Jones praying that he might be exempted from the penalty incurred by him under the act of 1826 prohibiting emigration into this state of free persons of colour having considered the subject

Report

That it appears evidence before them that the said Britton Jones a free man of colour was born and raised in County of Bertie that he resided in the said county untill he arrived to the age of thirty supporting a character for industry and honesty. That in the year 1829 he was married to a negro woman slave and by her had several children – That in the year 1829 the owner of the wife moved to the state of Alabama carrying her and children with him – that said Jones from feelings of attachment to his said wife & children followed them to Alabama.  That they remained in said state up to the year 1832 when the owner of his wife returning back to Bertie with his wife and children.  Jones returned also. .That by reason of his having resided out of the state for a longer period than one year he has lost his residence in the County of Bertie and has incurred the penalties of the act of 1826 prohibiting the emigration of free persons of colour into this state. Your Committee therefore from the peculiar hardships of this case believing it to be one which demands legislative interference respectfully report the following Bill and recommend its passage. /s/  Jos. M. Townsend, Chair.

General Assembly Session Records, 1832-1833, Box 5, North Carolina State Archives.

In the 1850 census of Windsor, Bertie County: Britton Jones, 45, drayman, with Mary Boon, 30, and Emily Boon, 6.

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June 22, 2013

A petition to emancipate an old and faithful companion.

State of North Carolina, Robeson County –

To the honorable the Judge of the Superior Court of Law in and for the County aforesaid –

The Petition of Henry Barnes humbly shews to your Honor that he is desirous to liberate his slave Judith Barnes who is more than fifty years of age – that he hath not received in money or otherwise [illegible] or value or any part thereof [illegible] to petition for her emancipation nor consideration of any kind to be paid [illegible] The said Judith was born a slave and conducted herself as such with great fidelity to her owners and on one occasion when Mrs. Jacobs – the wife of Zachariah Jacobs was suddenly taken in labor without ever having practiced as a midwife, by her skill or good memory on it and attention she delivered the lady and was the means of saving both the mother and child – since that time she has occasionally assisted the other women in like situations and has been serviceable in that way in her neighbourhood without however adopting it as a business or a source of profit – that your petitioner was also born a slave and many years ago was liberated by his master – that his slave Judith was and still is his wife and by that by his economy and industry he was enabled to own money enough to purchase her of the administrator of her last master – Thomas Waters – and to pay for her and has held her as his slave for more than ten years – that your petitioner is between 60 & 70 years of age and feels that he is becoming quite infirm and can not expect to live long; and it would be in the highest degree distressing to reflect that his old and faithful companion should after his death be [illegible] as a slave – Wherefore your Petitioner prays for [illegible] to emancipate her and your Petitioner as in duty bound will ever pray &c

State of North Carolina, Robeson County   }

Harry Bryan makes out that the matters and things set forth in the within petition as of his own knowledge are true and those otherwise stated he believes to be true

[No date.] Slave Records, Robeson County Records, North Carolina State Archives.

In the 1850 census of Southern Division, Robeson County: Judith Barnes, 63, with Daniel, 17, and Martha Fort, 8.

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June 12, 2013

London Woodard & Penny Lassiter.

Image

“Uncle London” Woodard (1792-November 15, 1870) was one of the most respectable black men of his area and time. Having been married about 1817 to James Bullock Woodard’s Venus, he was purchased by this planter on May 24, 1828, and became his overseer and distiller. London was baptized into the fellowship of the Tosneot Primitive Baptist Church on August 24, 1828, and Venus on August 4, 1838. This good woman died about the end of 1845, leaving several children to mourn her loss.

In 1846, he married Penelope Lassiter, daughter of Hardy Lassiter. She had become an indispensable part of the James B. Woodard household after the death of his first wife in 1837. “Aunt Pennie,” a free woman of light color, who worked hard, saved her money, and bought land. On September 18, 1854, she also bought “Uncle London” and made him a free man. He was “liberated to preach” on April 21, 1866, and in the following December Mrs. Elizabeth Farmer gave him one acres upon which he soon erected “London’s Primitive Baptist Church” which is still in existence.

From the introduction to Hugh Buckner Johnston, The Woodard Confederate Letters of Wilson County (1977). 

Photo of London Church taken by  Lisa Y. Henderson, May 2013.

[Sidenote: Actually, while London Woodard may have lived essentially as a free man after Penny Lassiter’s purchase, there is no evidence that he was in fact emancipated prior to the end of the Civil War.  No record of such has been found and, while Penny and their children appear as Lassiters in the 1860 census, he does not.

The London Church congregation built a new edifice on the church’s original site on Herring Avenue in Wilson. The building above was saved and moved around the corner to a site on London Church Road, where it sits neglected. — LYH]

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