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 therefrom 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.