PUBLISHED THURSDAYS
OLD STOKES HISTORY
T. S. Petree Continues His Accounts As
Gathered From Records
(BY T. S. PETREE.)
A special term of court was
called for October 28th, 1864. The
court was in session for only one
day. The first thing done was to
rescind the order previously made
to pay each member of soldier's
families $2.00 each per month.
It waa further ordered "that
the County Commissioners b( au
thorized to borrow on the faith
and credit of the County a Sum
Sufficient to purchase cotton,
leather, to clothe & shoe the in
digent families of soldiers in this
County, and that the same, whe.i
purchased shall be distributed
among them under the same rule 3
and regulations as provided for
the distribution of provisions."
It was further ordered that
"Lafayette Smith, salt agent for
the county use all diligence in
getting a supply of salt for the
needy of this county - - • that Z.
L. Wall be directed to sell peas
& other provisions which is in a
damaging condition - - - that th
takers of the last tax lists for
1864 be allowed ?2.UU day."
o
The court next met on March
20, 1865. We note the following
in the minutes, "that Commis
sioners be appointed to contract,
for the building of a Ferry boat
to be used in crossing persons
over the river near Danbury and
also employ some suitable person
to keep the same; "William A J
Lash was appointed agent to re
ceive from the State the quota
of Scythe blades which is due to
this county and sell the said
blades to the best advantage of
the county; "that J. J. Martin,
card Commissioner, be authorized
to sell the wool cards for Citizens
and to individuals in different
parts of the county & to citizens
of other counties."
On Tuesday, March 21st, 1805,1
thia court adjourned. The last l
entry made on the minutes ol
this court appears at the bottom j
of the page in large letters: j
"LAST COURT UNDER |
CONFEDERATE RULE".
-o—
tfuppose we turn back the pages
of history and review some oC j
the laws that governed our peo
prior to. and after the Rev
olutionary war. VV? ran across
...i old law book in the Clerk's oi
(ire wluc!. we presume was
placet there f»i the convenient
o: the courts, and notice that
\s were ci'ed tint were enaete 1
\ rs 1m fo»e the Revolution aivl
\\!i!e we wore under British rule.
The last acts in thia book wero
those laws that enacted during
the year 1792. We will begin in
the year 1741 when "Hia Majes J
ty's council, and General Assent- |
blv", met at Edonton. Ws quote
briefly:
' That all and overy person and
persons whataoever, on the Lord'?
day, commonly called Sunday - - •
vhali upon the land or water, ch
••xerciae any labor, bualneaa 01
work - • - employ themselves
either in huntini* of flshlnsr, or
lowling - - • use any pame, sport
or play - - - of the *7o of fo'.ir-
teen years and upward, shall for
' felt and pay the sum of ten shill
ings. "
I "That if any person or per
sons, shall profanely swear or
curse, in the hearing of any jus
tice of the peace • - - shall for
feit and pay the sum of two shil
lings and six pence -• . and il
any person, executing any public
office, shall profanely swear 01
j curse • - • shall forfeit and pay
jthe sum of Ave shillings, for each
and every oath or curse - • - that
|if any person or persons shall
prophanely swear and curse, in
the presence of any court of rec
ord in this government, shall im
mediately pay the sum of Ten
shillings for each and every oath
or curse.
"That every person convicted
of drunkeness on the Lord's day,
pay the sum of Ave shillings;
but if on any other day, the sum
of two shillings and six pence,
for each and every such offence
- • - that this act shall be public
ly read, in all parish churches
and chapels, by the minister,
cleric or reader of each parish,
immediately after divine service,
on the first or second Sunday in
September, under the penalty of
twenty shillings, proclamation
money, for every such omission or
neglect.
I "That the keeper of the public
gaol shall, by direction of thj
court, let out any negro runaway
to hire, to any persons, the said
keeper shall, at the time of his
delivery, cause an iron collar to
be put on the neck of such negro,
or runaway, with the letters P. G.
stamped thereon; and that there
after the said keeper shnll not
be answerable for any escape of
the said negro or runaway.
"That when any runaway nor
vants or slave shall be brought
before any justice of the jxmcu
within this government, shail
commit tho said runaway to the
next constable, and order him to
give so many lashes, not exceed
ing thirty nine lashes, well lalri
on, on the back, thi-n car-
lied home, or to tlw pjblle gac-l
as aforesaid.
"That no Hlnve shnll go armed
with gun, sword, club oj- other
weapon, or shall hunt or
with a pun in the woo i« wlintso
ever, if any slave so fo.tnd, shall
1,0 twenty 'asaes, on his oi
her bere hack ail br. so in homt.
"That no slave shall go from
off the plantation, without a cer
tificate of leave, in writing, for
so doing, from his master or ov
erseer, (negroes wearing liveries
always excepted).
"That where any negro, mulat
to. or Indian, bond or free, give
1 false testimony in the County
Court, without further trial have
one ear nailed to the pillory, and
there stand for the space of one
, hour, and the aaid ear to be cv
off, and thereafter the other ear
n»llfcd in like manner.) and cut
. off at the expiration of one other
hour; and moreover, to order
every such offender thirty nine
THE DANBURY REPORTER
lsshes, well laid on, oa..fcis or her
bare back, at the commfta whip
pin-post"
0
Among the laws passed by thi
General Assembly, held at New
bern (New Bern), March 17,
' 1749, we observe the following:
"That the Justices of each
| county court, shall have power
and authority to purchase the
latest editions of the law books
following, to wit: Nelson's Jus
tice, Cary's Abridgment of the
Statutes, Swinburn of Wills, or
Godolphin's Orphans Legacy, and
Jacob's Law Dictionary or
Institutes; which books provided,
shall be forever after, for the use
of the county court, kept In the
office of the clerk, and laid by the
clerk on the court table, for the
use and perusal of the Justices of
such court, and of all such us
may have matters depending m
court."
On Dec. 12, 1754, the Assembly
was again in session at Newbern.
The following law waß passed:
"1. Whereas many mischevious
and illdisposed persons have of
late, in a milicious and barbariou3
manner, maimed, wounded and
defaced many of his majesty'n
subjects.
"2. Be it enacted, that if any
person or persons, shall on pur
pose cut out or disable the tongue,
put out an eye, slit the nose, bito
or cut off a nose or lip, bite or
cut off, or disable, any limb or
member of any subject, shall suf
fer as in case of felony."
It was not many months after
the start of the Revolution that
| the General Assembly was in an
sion at New Bern. On April' 8,
1777, a law was passed that WHJ
in use for almost 164 years, and
for sanitary reasons was abolish
ed by the Legislature during this
present year, 1941. We rafer to
the kissing of the Bible uron
taking oath. We quote:
"1. WHEREAS lawful oaths,
for the discovery of truth, and
establishing right, are necessary,
and highly conducive to the Im
portant ends of good government;
and being, most solemn appeals to
Almighty God, as the omniscient
witness of the truth, just and
omnipotent avenger of falsehood
such oath ought therefore bi
taken and administered with the
moat aoleminty.
"2. Bo it therefore enacted Dy
the General Assembly of the
State of North Carolina, and by
tho authority of the same, that
judges, justices of the peace, ami
other persons, who are or shall
he empowered to administer
oaths, shall require the party to
be sworn to lay his hand uyon
the holy uvengeUat of Almighty
God, in token of his engagement
to apeak the truth, as he bopes
to bo saved in the way and meth
od of salvation pointed out in
the blessed volume, and in fur.,
I I
j ther token, that if he should
kwerve from the truth, he may
i
justly be deprived of all the
blessings of the Gospel, and mado
liable to that vengeance which he
l has imprecated on his own head,
! and after i "!\ting the words
/'so help mi "\ shall kiss the
• holy Ctospo' mnl o' confir
mation to t 1 engagement."
"| Another 1 a uansed re
r garding w! we quote:
: "and provide >, that all ne
grots, Indiana, mulattoes, and all
person* of mixed blood, descended
from negroes and Indian ances
tor*, to the fourth generation in
clusive (though oae ancestor of
each generation may have been a
white person) whether bond or
I free, shall be deemed and taken
i
to be incapable in law to be wit
nesses in any cases whatsoever,
except against each other."
| On November 15, 1777, the
General Assembly passed the fol
lowing law:
"An act to prevent domestic
insurrections, and for other pui
poses;
"1. WHEREAS the evil and
pernlscious practice of freeing
slaves in this state, ought at
this alarming and critical time to
be guarded against by every
friend and wellwisher to his
country;
"2. Be it therefore enacted by
the General Assembly of the
State of North Carolina, and by
the authority of the same. That
no negro or mulatto slave shall
hereafter be set free, except for
meritorious services, to be judg
ed of and allowed by the county
court."
It was also at this session '
the General Assembly that the
following act was passed:
"Whereas it is necessary to a
due and regular administration
of justice, that courts be estab
lished in this State."
It was then that both the Su
perior Court, and the Coart of
Pleas and Quarter Session* vrere
established in this State ami were
defined in the act.
A law directing the methodl of
electing members to the Genanl
Assembly was passed at this time..
The elecuons were to be held at
the court bouse in the various
counties after 20 day's notice giv
en. by tks Sheriff. And the act
further states: "and the return
ing officer shall keep the election,
apm. two days sad no longer."
We notice another law that j
went into effect at this time: f
'"L, WHEREAS the peace and j|
harmony of evepy neighborhood t
much depends on good and suffl
dint Canon.:
"2. Be it therefore enacted, &c,
that every planter shall make a
sufficient fence about his cleared
ground under cultivation, at least
five feet high, unless where soma
navigabU stream or deep water
course shall be. that may be
deemed sufficient instead of a
fence."
During those days, and for
years after, there was no stock
, law. All stock roamed at will
I
and if damage was done to tho:,o
,things under cultivation, regard
less of who owned the laisd, the
fault seemed to be with the mar. j
who did not keep his fence in
Rood oixler.
0
The General Assembly again
met at New Bern on April 14th,
1778, and among other laws pass
ed we note the following:
"Whereas it is necessary that
i a great seal be procured, to be
> used by the governor for the time
, being as the seal of this State;
II "2. Be it therefore enacted, Ac,
) that William Ttsdalq, Esq 1 .,, be
• and is hereby appointed to cut
' and engrave a seal - • - and tlv
said seal - • - shall be callod tho
: Great Seal of the State of Nortn
• Carolina, and shall be used anJ
aflxed - - -to all grants, procla
mations, and other public acta."
I At the same session of the As
sembly an act was passed to pre
vent the stealing of slaves, or
free negroes, and dispose of them
out of the State. The penalty
being, "shall be guilty of felony,
and shall suffer death without
benefit of Clergy."
The General Assembly met at
jSmithfield on May 3, 1770. Wc
set forth herewith a law passed
at that time:
"That no slave shall be permit
ted on any pretense whatever, to
| raise any horses, cattle, hogs ot
| sheep - - - that one month after
passing of this act - - - they shall
be seized and sold - • - one half
'going to the wardens of the poor,
jthe other to the informer."
The next meeting of the As
sembly was at Halifax on October
18, 1779. We wish to, briefly,
produce here a law passed at
that time regarding conterfeft
ing: i
"That if any person after the
passing of this act shall by print
ing, writing, engraving or any
: other way or means, counterfeit,
or attempt to counterfeit - - -
such person or persons so offend
ing, being thereof lawfully con
victed, by confession or verdict,
or standing mute on arrangement
or trial, shall for the first offense
stand in the pillory three hour*,
and have his right ear nailed to
the pillory and cut off, and re
ceive on their bare back thirty
nine lashes, and be branded with
a red hot iron on the right cheek
with the letter *C, and on the
left cbeek with the letter 'M', and
be imprisoned st the descretion
of the Court - - - snd it is furth*
er enaated*. that any person or
persona - - - shall be found guilty
for the second offence, he or
they shad, suffer death without
benefit of Clergy-"
The General Assembly met at
Fayettevifla on November 2nd.
j1.789. Samuel Johnston was gov
ernor at that time. It was then
'that an act wais passed that cre
mated our county. We quote this
!law below-.-
"An aut for dividing the coun
ty of Snrry into two distinct
aountietr, and for other purposes.
"WHEREAS the large extent
and inconvenient situation of the
WANTS j
||||k FOLKS are usually will* other plant fo6d "vila
. ppl inj to pay more to |«t min" element*, iodine, bo- ,
the belt. That's natural, ron, magnesium, calcium, *
.':t\ The beat ia usually the manganese, and many more. &
A cheapest. Use it regularly on all your
JpP Chilean Nitrate of Soda, (or crops, in mixed fertiliser
instance! It'a natural, the before planting, and aa top jS||
only natural nitrate ia the dressing and aide dressing ||||
LM» world. later on. That ia th« way
j|||| y** •' com no more.. to get the fall benefit JIM
It eontalna 16% nitrogen of ita fertilising and soil- '1 |
and small quantities ef improving qualities. •'«•s*
Be sure you get ifjlp
NATURAL
OF T SODA
Thursday, Apr. 17,1W1 *
county of Surry, reader (fit at
tendance of the InhibHißti of
the extreme pert* at coorts,
elections and general musters,
difficult and expensive: For rem
edy whereof, and to gratify the
wishes of the good people of eaii
county:
I "1 Be it enacted, be. That
from and after the passing of
this act, the county of Surry
i shall be divided into two distinct '■
counties, by a line beginning ou
the line dividing this state from
the state of Virginia, at a point
equidistant from the nearest
• parts of the counties of Rocking
ham and Wilkes, and running
jfrom thence until it intersects
jthe Rowan county line, so as to
leave an equal number of acres s
in each county.
"2. And it is further enacted,
T
that all that part of said county,
lying west of said line, shall be
erected into a distinct county by
the name of Surry county; and
| all that part lying east of sat i
! line, shall be erected into anothei
distinct county by the name of
I Stokes county."
At this point suppose we track
bock the "Ancestry" of our coun
ty and see where we started
Bladen county was taken from .
New Hanover in the year 1734.
Anson county was taken from
Bladen, March 17, 1749.
Rowan, county was taken from
Anson, March 7, 1753..
Surry county was taken from
Rowan, January 28, 1771.
Stokes county was talujn from
Surry, November 2,. 1789. ~ t
A I -OUJ. . ... m
. Rumfoid Rrnous
► Why don Cqjri* Coflim
I
BECAUSE iho'g frying to HM •• high «i ft*cokes »
•ha bokoi will* tUMFORD tho baking powder f
tfiat act* H In #»r mining, H li
IWI. Sond for NKW booklet, containing) dbcon*
. of bright idooo to improve your bokln«\ Address*
Romford Baking Powdsr, Boa K, Vumford, R. I.
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