Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: Martin County

He was found dead in a ditch.

DISTRESSING. – A free colored man named Hugh Cherry, a carter, left this place with a horse and buggy on Wednesday last, for Williamston, for the purpose of brining a person home; but finding that the person had not arrived there, determined to return home that evening. The evening was stormy and an immense quantity of rain fell. Next morning he was found about twelve miles from this place dead in a ditch, and the horse upon him. The horse was blind and it is supposed, the man being unable to guide him in the excessive darkness, that the horse plunged into the deep ditch, which gave the buggy a sudden jerk, throwing the man forward and breaking his neck in the fall, plunging him into the ditch. The horse in his scuffle to get out got upon the man, and their [sic] remained until he was found next morning. Strange to say the horse and buggy were not injured. – Washington Dispatch.

North Carolina Argus (Wadesboro), 8 September 1859.

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

 

 

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.

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 may or may not be the child’s father; she has no right to say.

State v. Barrow, 7 NC 121 (1819).

A man charged as the putative father of a “bastard child” is entitled to offer evidence that the mother of the child is “of mixed blood” within “the fourth degree” and therefore excluded by law from testifying against him. Case remanded to the county court to hear defendant’s Barrow’s evidence and determine the competency of the witness.

State v. Thomas Long, 31 NC 488 (1849).

This case arose in Martin County. In May 1848, Lucinda Simpson swore before two magistrates that Thomas Long was the father of her unborn child. The magistrates issued a warrant for Long to appear at the next term of court. He moved to dismiss the proceedings “for the reason that Lucinda Simpson was a woman of mixed blood, within the fourth degree, and therefore incompetent to give testimony against a white man.” The case was dismissed, but Simpson swore again in October 1848 (apparently after the child was born) that Long was the father. Long again succeeded in getting the matter quashed. The decision was upheld in Superior Court and appealed to the State Supreme Court. Double jeopardy; judgment affirmed.

He is to stand trial to be sold as a slave.

Febry the 10th 1802

Wm. Littlejohn Esqr., Sir

I am Informed by Mr. Domenick That Eli Wilkins a person of Coulour In the Town of Edenton hath been Taken Up Under Some of the Acts of Assembly & bound for his appearance to Chowan County Court at March Term 1802 where he is to Stand his Tryal for to be Sold as a Slave if my affidavit that I herewith forward to you is Not Sufficient to Extricate the sd. Boy & for you to Give Up the Recognizance of the sd. Domenick & Let the sd. Boy Stand Discharged I will forward any Other proof that May be Deemed Necessary to that Efect as I am duly able So to do & More Also bound by the Laws of Nature & humanity.

I am with Submition, Your Hu’le Serv’t Tamor Wilkins

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State of No Carolina, Martin County  } Personally apeard before Me Ebenezer Seadons of The Justices for the County aforesaid Tamor Wilkins & Made Oath In Dew form That on The Seventh of July one Thousand Seventeen hundred & Eighty five She was Delivered of a Male Child which She Called Eli Wilkins a Natural Born & Child of Coulour which Child after Comeing of age to be bound She Bound as an apprintis to one John Edwards of Bertie County who Some Time Afterwards Removed to The then Cumberland Settlement & gave up the Indnturs of sd. boy to his sd. Mother She then put The sd. boy with one John Acrey to Learn The Hatters Trade the Boy as She this Deponat Has Since Understood Runaway from sd. Acre Better then Three years ago & as She has been Informed hath been Living with One Domenick Sinc that Time In the Town of Edenton which sd. boy Hath been brought to Her by this sd. Domenick on the 10th Day of February one Thousand Eighteen Hundred & Two In the County & State aforesaid & She this Deponant Doth Acknowlede & Swore him To be the Same boy In Testimony wherof She this Deponant Hath af[illegible] her hand & Declared the Same. Tamer X Wilkins

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Febry the 10th 1802 This May Certify That I have Known the within Mentioned Tamer Wilkins for Several Years & Believe ther is No Doubt of Her being free Born as will more fully appear By the Testimony of Many In the County of Bertie If it is Should be Necessary given – Under My hand and Seal the day & Date above written.   E. Slade {seal}

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

Surnames: Martin County, 1850.

The following surnames are found among free people of color in Martin County:

AUSBURN, AUSTIN, BAILEY, BARNHILL, BELL, BOON, BOROUGH, BOSTON, BROOKS, BROWNEY, CAROL, CLOSE, CORDEN, COTANCH, COVE, CROSS, GRIFFIN, HARRISON, HASSELL, HOGAN, HOLLINSWORTH, HOSDELL, HUDSON, HYMAN, JAMES, JANES, JOHNSTON, JONES, KEES, MANING, MASSER, MOGGIN, NUSOM, OVERTON, PATTERSON, PERCE, PUNCH, REED, RIX, ROBESON, SCOTT, SIMMONS, SIMPSON, SLADE, SLAGIN, SPARROW, STOVES, TADLOCK, THOMPSON, TINER, WIGGINS, WILLIAMS and WYNN.