The Narrative of Lunsford Lane, Formerly of Raleigh, N.C. | Page 9

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