miscegenation | Fourth Generation Inclusive

October 23, 2012

In an entire manner contrary to the law.

State of North Carolina } Court of Pleas &

Wayne County } Quarter Sessions May Term 1833

The jurors for the State on their oaths present that on the eight of May in the year of our Lord one thousand eight hundred and thirty three a certain woman named Darcis Darden late of the County aforesaid with force and arms at and in the County of Wayne aforesaid did take into the house wherein the said Darcis lived and lain one free Fellow of colour named Ellic James a Sawyer by trade they the said Ellic and Darcis not being legally married together and then the Said Ellis and Darcis had one or more children without Seperation in an entire manner Contrary to the Act of the General Assembly in Such case made and provided and against the peace and dignity of the State

And the jurors aforesaid and do further present that the Said Ellic and Darcis aforesaid on the time aforesaid (to wit) on the eight of May in the year of our Lord one thousand eight hundred and thirty three and on [illegible] days and times both before and since at and in the County of Wayne aforesaid with force and arms did bed and cohabit together as man and wife they the said Ellic and Darcis not being lawfully married together Contrary to the Act if the General Assembly in Such case made and provided and against the peace and dignity of the State

W Farmer County Attorney

October 20, 2012

Adultery and fornication.

State v. Joel Fore and Susan Chestnut, __ NC __ (1841)

Joel Fore of Lenoir County, a free man of color, and Susan Chesnut, a white woman, lived together and had one or more children, and the inartful pleading of their indictment would not defeat a finding that marriages between such persons were null and void under the Act of 1838, and subsequent cohabitation between them was adultery and fornication.

Joseph [sic] Fore married Susan Chestnut on 13 January 1840 in Craven County. (See marriage records of that county.) The 1840 census of Lenoir County shows Joel Fore as the head of household that included one white female aged 30-40, one colored male aged 24-36, and 5 slaves. By 1860, the family had moved to Moore County, where Joel, “Susa” and their children Tootle, Elizabeth, Nancy, Anna J., Hardey, Henry and Sarah, aged 1-20, are described as white. In 1870, Joel and Susan Fore and their children are listed in Greenwood township, Moore County. Joel and children Augustus and Henry are classified as mulatto. Susan and the remaining children as white.

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October 17, 2012

Jacob Ing’s children.

In the name of God I Jacob Ing of the County of Nash and State of North Carolina being of sound mind and memory do this 8th day of April A.D. Eighteen Hundred and Sixty Seven, make this my last Will and Testament as follows (viz)

I will and direct that my Executor hereinafter named Sell my real and perishable Estate either private or publick at his discretion, and the proceed therefrom together with all species of Property of every discription be disposed of as follows (to wit)

I give and bequeath to Mary Reynolds, wife of Benjamin Reynolds, Elizabeth Boon wife of Jesse Boon, Selah White, wife of James White, Sally Reynolds, wife of William H. Reynolds, William C. Jones, Matthew Jones, also old Chaney Freed woman (formally my house servant) also Lucinda Artist (dead) to her Children if any surviving (all colored) to be Equally divided in Nine parts, and distributed as above directed. In case any of the above named persons dies before the execution of this will, leaving Children, in that event their child or children will take the parents intended shear to them and their heirs for ever. (carried forward)

I do hereby nominate and appoint my friend Jesse H. Drake the sale executor of this my last will and Testament ratifying this and no other to be my last. In Testimony whereof I have hereunto set my hand and seal the day and year above written.

Jacob Ing

April 30th 1869. I Jacob Ing of the County of Edgecombe and State of North Carolina do make this my Codicial to my last will and Testament, bearing date the 8th day of April 1867. I will and direct that said will be so amended that altered that the said old woman Chaney therein provided for I loan her the lot and improvements whereon I now live (in Battleboro) during her natural life and at her death the same be sold and proceeds Equally divided amongst the surviving Legatees there mentioned. In Testimony whereof I have hereunto Set my hand and Seal the day and date above written.

Jacob Ing

Easter Jones, also known as Hester, was the mother of Jacob Ing’s children. The family appear together in the 1850 census of Nash County: Jacob Ing (64, white, farmer) and Easter Jones (55), John Jones (20) (and his wife Dolly, 21), Matthew Jones (18) and Lucy Jones (16), all mulatto.

Lucinda “Lucy” Jones married Adam T. Artist on 10 October 1855 in Nash County. Their children Noah, Mary Jane and Augustus Kerney Artis inherited her share of her father’s estate.

Wills, Nash County Records, North Carolina State Archives; Estates Records, Wayne County Records, North Carolina State Archives; Marriage Records, Register of Deeds, Wayne County Courthouse, Goldsboro NC; 1850 federal census schedule.

An earlier post shows Ing’s application for a marriage license for his daughter Elizabeth and Jesse Boon.

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Tag: miscegenation