This was a terrible blow to
me; for it prostrated at once all my hopes
in my cherished object of obtaining the
freedom of my family, and led me to expect
nothing but a separation from them forever.
In order that the reader may understand the
full force of the foregoing notice, I will
copy the Law of the State under which it was
issued:
SEC. 65. It shall not be lawful for any free
negro or mulatto to migrate into this State:
and if he or she shall do so, contrary to
the provisions of this act, and being
thereof informed, shall not, within twenty
days thereafter, remove out of the State, he
or she being thereof convicted in the manner
hereafter directed, shall be liable to a
penalty of five hundred dollars; and upon
failure to pay the same, within the time
prescribed in the judgment awarded against
such person or persons, he or she shall be
liable to be held in servitude and at labor
for a term of time not exceeding ten years,
in such manner and upon such terms as may be
provided by the court awarding such
sentence, and the proceeds arising there
from shall be paid over to the county
trustee for county purposes: Provided, that
in case any free negro or mulatto shall pay
the penalty of five hundred dollars,
according to the provisions of this act, it
shall be the duty of such free negro or
mulatto to remove him or herself out of this
State within twenty days thereafter, and for
every such failure, he or she shall be
subject to the like penalty, as is
prescribed for a failure to remove in the
first instance.—Revised Statutes North
Carolina, chap. III.
The next section provides that if the free
person of color so notified, does not leave
within the twenty days after receiving the
notice, he may be arrested on a warrant from
any Justice, and be held to bail for his
appearance at the next county court, when he
will be subject to the penalties specified
above; or in case of his failure to give
bonds, he may be sent to jail.
I made known my situation to my friends, and
after taking legal counsel it was determined
to endeavor to induce, if possible, the
complainants to prosecute no farther at
present, and then as the Legislature of the
State was to sit in about two months, to
petition that body for permission to remain
in the State until I could complete the
purchase of my family; after which I was
willing, if necessary, to leave.
From January 1st, 1837, I had been employed
as I have mentioned, in the office of the
Governor of the State, principally under the
direction of his private Secretary, in
keeping the office in order, taking the
letters to the Post Office, and doing such
other duties of the sort as occurred from
time to time. This circumstance, with the
fact of the high standing in the city of the
family of my former master, and of the
former masters of my wife, had given me the
friendship of the first people in the place
generally, who from that time forward acted
towards me the friendly part.
MR. BATTLE, then private Secretary to
Governor Dudley, addressed the following
letter to the prosecuting attorney in my
behalf:
RALEIGH, Nov. 3, 1840.
DEAR SIR:
Lunsford Lane, a free man of color, has been
in the employ of the State under me since my
entering on my present situation. I
understand that under a law of the State, he
has been notified to leave, and that the
time is now at hand.
In the discharge of the duties I had from
him, I have found him prompt, obedient, and
faithful. At this particular time, his
absence to me would be much regretted, as I
am now just fixing up my books and other
papers in the new office, and I shall not
have time to learn another what he can
already do so well. With me the period of
the Legislature is a very busy one, and I am
compelled to have a servant who understands
the business I want done, and one I can
trust. I would not wish to be an obstacle in
the execution of any law, but the enforcing
of the one against him, will be doing me a
serious inconvenience, and the object of
this letter is to ascertain whether I could
not procure a suspension of the sentence
till after the adjournment of the
Legislature, say about 1st January, 1841.
I should feel no hesitation in giving my
word that he will conduct himself orderly
and obediently.
I am most respectfully,
Your obedient servant,
C.C. BATTLE.
G.W. HAYWOOD, ESQ.
Attorney at Law, Raleigh, N.C.
To the above letter the
following reply was made:
RALEIGH, Nov. 3, 1840.
MY DEAR SIR:—I have no objection so far as I
am concerned, that all further proceedings
against Lunsford should be postponed until
after the adjournment of the Legislature.
The process now out against him is one
issued by two magistrates, Messrs. Willis
Scott and Jordan Womble, over which I have
no control. You had better see them to-day,
and perhaps, at your request, they will
delay further action on the subject.
Respectfully yours,
GEO. W. HAYWOOD
Mr. Battle then enclosed the
foregoing correspondence to Messrs. Scott
and Womble, requesting their "favorable
consideration." They returned the
correspondence, but neglected to make any
reply.
In consequence, however, of this action on
the part of my friends, I was permitted to
remain without further interruption, until
the day the Legislature commenced its
session. On that day a warrant was served
upon me, to appear before the county court,
to answer for the sin of having remained in
the place of my birth for the space of
twenty days and more after being warned out.
I escaped going to jail through the kindness
of Mr. Haywood, a son of my former master,
and Mr. Smith, who jointly became security
for my appearance at court.
This was on Monday; and on Wednesday I
appeared before the court; but as my
prosecutors were not ready for the trial,
the case was laid over three months, to the
next term.
The Narrative of Lunsford Lane, Formerly of Raleigh, N.C., 1842