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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.
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,
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.
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.