GEORGIA COURT RECORDS Georgia Laws Relating to Slaves, Nominal Slaves and Free Persons of Color ***************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm *********************** This file was contributed for use in the USGenWeb Archives by: Tara D. Fields tutcher@camdencounty.org A Brief Timeline of Georgia Laws Relating to Slaves, Nominal Slaves and Free Persons of Color. Compiled by Tara D. Fields February 14, 2004 Contact: PO Box 509 Kingsland, GA 31548 912-882-8640 Email: tutcher@camdencounty.org Web: The Crypt: http://www.camdencounty.org This document is not meant to be all-inclusive. This is to be used as a research aid. Any mistakes are mine and mine alone. 1733 Georgia is founded. Ironically, at the time of Oglethorpe's landing, there were already slaves in Georgia - brought across the state line from Carolina. Unprepared for the amount of work that awaited the white settlers, Oglethorpe had to look the other way when slaves were used to help clear trees from the site of his settlement. When too many slaves were brought in, Oglethorpe put his foot down and stopped the practice.(2) 1735 Georgia anti-slavery statute passed by British Parliament (some slaves were imported anyway). (2) 1743 Oglethorpe was "run out" of Georgia. (2) 1748 Against the law at the time, Savannah held an open slave auction. (2) 1750 Slavery made legal by British Parliament. (2) 1799 Lewis and China manumitted by their late master, James King. (Georgia Legislature 1799 Vol 1 Page 23 Sequential # 049) 1799 Silvia and her son David manumitted by their owner Joseph Gabriel Posner. (GL 1799 Vol 1 Page 148 Sequential # 035) 1801 Lucy Barrot, Betty Barrot, Jim Lary (property of John B. Lary), and Nancy (property of Alexander Kevan), manumitted. 1801 Law enacted banning manumission of negro slaves except by a Legislative Act. Fine of $200 imposed for each offense. Same law made illegal the recording of manumissions by the Clerk of the Superior Court, or any other Officer of the state. Fine of $100 imposed for each offense. See 1815 Vol 1 Page 15 Seq #010. (GL 1801 Vol 1 Page 71 Sequential # 024) 1805 Amendment of Act governing slaves and violent crimes against slaves. (GL 1805 Vol 1 Page 63 Sequential # 041) 1806 Amendment to Act governing slaves and crimes committed by slaves. (GL 1806 Vol 1 Page 053 Sequential # 033) 1811 Act establishing tribunal for the trial of slaves. (GL 1811 Vol 1 Page 049 Sequential # 008) 1815 Act to establish mode of criminal trial of free persons of color accused of crimes. 1815 Act providing for mode of trial of free blacks convicted of crimes (they are to be tried under the same laws as slaves). Also, for more information on trials of slaves & free blacks see 1821 Vol 2 Page 122 Sequential # 122; 1837 Vol 1 Page 250 Sequential # 212; 1849 Vol 1 Page 372 Sequential # 465; and 1859 Vol 1 page 129 Sequential # 172 Law # 167.] (GL 1815 Vol 1 Page 14 Sequential # 009) 1815 Previous Act (1801 Vol 1 Page 71 Sequential # 024) amended to allow recording of Wills and Testaments that call for manumission of slaves as long as said Will does not have for its object the manumission of slaves only. Parts of the said Will pertaining to the manumission of slaves are to be disregarded. Wills whose sole object is the manumission of a slave or slaves cannot legally be recorded. (GL 1815 Vol 1 Page 15 Sequential # 010) 1815 An Act to compel owners of old or infirm slaves to maintain them. If owners refuse to care for old or infirm slaves, the Court may sue for the money needed to care for the slave(s). (GL 1815 Vol 1 Page 35 Sequential # 018) 1817 An Act that prohibited the bringing of slaves into the state. Also: "36 Any person, except the owner, beating, whipping, or wounding a slave, or person or persons beating, whipping or wounding a free person of color, without sufficient cause or provocation being first given by such slave or free person of color, may be indicted, and on conviction, shall be fined or imprisoned, or both, at the discretion of the court; and the owner of such slave or the guardian of such free person of color, may, notwithstanding such conviction, recover in a civil suit, damages for the injury done to such slave or free person of color. 37. Any owner or owners of a slave or slaves, who shall cruelly beat such slave or slaves, by unnecessary and excessive whipping, by withholding proper food and sustenance, by requiring greater labor from such slave or slaves than he or she or they are able to perform, by not affording proper clothing, whereby the health of such slave or slaves may be injured and impaired, every such owner or owners, shall, upon sufficient information being laid before the Grand Jury, be, by said Grand Jury, presented, whereupon it shall be the duty of the Attorney or Solicitor General to prosecute said owner or owners, who on conviction, shall be sentenced to pay a fine or be imprisoned, or both, at the discretion of the court." (GL 1817 Vol. 1 -- Page: 92 Sequential #: 078) 1819 An Act to require that once a year all free persons of color to register with the clerk of the inferior court of the county in which they reside. Penalty for not registering is possible selling back into slavery. (GL 1819 Vol 1 Page 41 Sequential # 025) 1822 An Act to emancipate Rachel, slave of the late James Robinson, specifically through an Act. (GL 1822 Vol 1 Page 83 Sequential # 080) 1823 An Act to emancipate Chloe, slave of the late James Robinson, specifically through an Act. (GL 1823 Vol 1 Page 146 Sequential # 113) 1824 An Act to repeal all laws, and parts of laws, allowing the selling into slavery of free-persons-of- color. (GL 1824 Vol 1 Page 125 Sequential # 099) 1826 Law enacted prohibiting the removal of slaves out of Georgia either by land or sea. Also, law states that black seamen from any port (except from South Carolina) are to observe a curfew when in a Georgia port. In addition, the Captain of the vessel must register with the chief magistrate of the city or town and give a bond of $100 for each black seaman. (GL 1826 Vol 1 Page 161 Sequential # 160) 1827 An act to more effectively enforce the provisions of the previous act. Captains are liable to $100 fine per person omitted to the report the Captain of the vessel makes to the chief magistrate. (GL 1827 Vol 1 Page 180 Sequential # 147) 1829 Law banning teaching blacks to read or write. Also states that free blacks are not to communicate with free blacks onboard visiting vessels during a 40-day quarantine period. Act goes on to state that only "negroes" or "mulattoes" are subject to this law. Law also makes illegal the circulation of printed material "for the purposes of exciting to insurrection, conspiracy or resistance among the slaves, negroes, or free persons of colour, of this state, against their owners or the citizens of this state." Last, law repeals Act of 1817 prohibiting the introduction of slaves into the State. (GL 1829 Vol 1 Page 168 Sequential # 147) 1831 An Act to manumit Sophia, the property of Eli Fenn. She takes the surname Fenn. (GL 1831 Vol 1 Page 225 Sequential # 174) 1833 An Act to manumit Mary and her child Cordelia, the property, wife and child of Lovewell C. Fluellin, a free man of color. (GL 1833 Vol 1 Page 289 Sequential # 133) 1833 "SEC. 18. If any person shall teach any slave, negro, or free person of colour, to read or write, either written or printed characters, or shall procure, suffer, or permit, a slave, negro, or person of colour, to transact business for him in writing, such person so offending, shall be guilty of a misdemeanor, and on conviction, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 19. If any person, owning or having in his possession and under his control any printing press or types in this State, shall use or employ, or permit to be used or employed, any slave or free person of colour, in the setting up of types, or other labour about the office, requiring in said slave or free person of colour, a knowledge of reading or writing, such person so offending, shall be guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one hundred dollars. SEC. 20. If any pedlar or itinerant trader, whether carrying his goods, wares and merchandize, in a wagon or otherwise, shall at any time either buy from or sell to, or otherwise trade with any slave or slaves, unless it be with the permission and in the presence of the owner, overseer, or other person having charge of such slave or slaves; such pedlar or itinerant trader shall be guilty of a misdemeanor, and on idictment and conviction thereof, shall be fined in a sum not exceeding one thousand dollars, one half to the use of the prosecutor, and the other half to the use of the county where the crime was committed, and the defendant shall stand committed until the fine is paid; and a copy of this section shall be annexed to all licenses granted pedlars." (GL 1833 Vol 1 Page 143 Sequential # 099) 1834 An Act to emancipate Sam, the negro slave in response to his actions in extinguishing the fire on the State-house. The Governor was authorized by both branches of the General Assembly to purchase Sam (from John Marler) for the purpose of freeing him. (GL 1834 Vol 1 Page 229 Sequential # 172) 1834 An Act to emancipate Fanny Hickman, the wife of more than 30 years of Paschal Hickman, and their children John, Grove, Henry, William, Hetty, Eliza, and Frank. (GL 1834 Vol 1 Page 230 Sequential # 173) 1835 An Act to protect free persons of color from being put into slavery illegally. (GL 1835 Vol 1 Page 101 Sequential # 063) 1835 Slaves and free persons of color are prohibited from working (compounding or dispensing medicines) in Druggists and Apothecaries' stores. (GL 1835 Vol 1 Page 268 Sequential # 155) 1837 Amendment to Act of 1815 to establish a tribunal for slaves and free persons of color accused of crimes. (GL 1837 Vol 1 Page 250 Sequential #212) 1845 Act that prohibits slaves or free persons of color (mechanics and masons) from making contracts with or working for whites for the erection or repair of buildings. (GL 1845 Vol 1 Page 49 Sequential # 050) 1849 An Act to provide for the trial of free persons of color and slaves. (GL 1849 Vol 1 Page 372 Sequential # 465) 1851 Imposed annual $5.00 per capital tax on all free blacks (white males 21-60 were taxed only 25 cents a year). (GL 1851 Vol 1 Page 288 Sequential #181 Law # 181) 1852 Imposed annual $5.00 per capital tax on all free blacks (white males 21-60 were taxed only 25 cents a year). Nominal slaves were taxed $150 a month. Owners and those who hire nominal slaves must pay $100 per slave. (GL 1849 Vol 1 Page 376 Sequential # 472) 1853 Act allowing for registration of free persons of color in counties other than the one in which their (white) guardian resides without penalty. (GL 1853 Vol 1 Page 104 Sequential 175 Law # 091) 1853 Law binding out free persons (negro, mulatto) between the ages of five and twenty-one to a responsible party if such persons are "…not being raised in a becoming and proper manner…" Law also makes it illegal to sell such people, or to cause them to be sold, into slavery. Offenders can be fined $500 (a misdemeanor). (GL 1854 Vol 1 Page 105 Sequential # 177 Law # 93) 1855 Act exempts slaves of Harrison W. Riley from tax on nominal slaves Daniel and his wife Lucinda - just has to pay tax on "free-persons-of-color." (GL 1855 Vol 1 Page 539 Sequential # 536 Law # 533) 1855 An Act of manumit Boston, the slave of E. B. Way, Catharine P. Wheeler, Thomas B. Wheeler, H. R. Wheeler, and Eugene Bacon. Served his master during the war of 1812 and remained in Darien under arms with his master. (GL 1855 Vol 1 Page 539 Sequential # 537) 1859 An Act to make illegal the freeing a slave on the death of the master within or without the state. Supreme Court Decision states that a slave can be removed to another state by the executor(s) of the will to be set free providing all estate debts of the late owner have been paid. (GL 1859 Vol 1 Page 68 Sequential # 093, Law # 091) 1859 An Act to prevent free persons of color from being brought into the state. Penalty is to be sold back into slavery. Those aiding free blacks coming into the state will be fined at least $1,000 and face possible imprisonment. Burden of proof rests on the free black. Free black seamen are exempt from this Act. (GL 1859 Vol 1 Page 68 Sequential # 093, Law # 094 Law # 92) 1859 Sec IV: …"That the Recorder of said city, in all cases of convictions before him of free persons of color or nominal slaves, for the violation of any of the ordinanceds of said city, shall have power to order said free person of color, to be sold into slavery, either for life or a term of years…" Sec V: "…the city Treasurer is hereby authorized to issue tax executions against all defaulting persons of color… and in like manner sold to pay said taxes…" (This appears to violate the law of 1824 prohibiting the selling into slavery free-persons-of-color. I haven't seen any Act, so far, that repeals the Act of 1824. This law was not state-wide but pertained to a list of cities included at the end of the document. TDF) (GL 1859 Vol 1 Page 129 Sequential # 172 Law # 167) 1860 "No captain, owner or other person having control of any vessel, steamer, or other water-craft, belonging to or coming from any non-slaveholding State, shall bring into any harbor, river, bay, or creek within the limits of the counties of Camden, Bryan, McIntosh, Glynn, any free negro in any capaciyy (sic) whatever, under the penalty of one hundred dollars for each free negro brought in said counties as aforesaid." (GL 1860 Vol 1 Page 154 Sequential # 192 Law # 154) 1860-1865 US Civil War 1865 Slavery abolished by the 13th Amendment to the US Constitution. 1865 An Act to define "persons of color" (1/8 "negro" or "African" blood) and a declaration of their rights. This Act repeals all laws in relation to slaves and free persons of color which militate against this Act. (GL 1865 Vol 1 Page 239 Sequential # 250 Law # 250) 1865 Prescribes and regulates the relationship of husband and wife between free persons of color. Those living together as husband and wife are legally married (if both consent) while those living with multiple partners must pick one. (GL 1865 Vol 1 Page 240 Sequential # 252 Law # 252) Sources 1. Primary Source: GALILEO: Georgia Legislative Documents on-line at http://www.galileo.usg.edu/ 2. Secondary Source: Our Georgia History http://www.ourgeorgiahistory.com/people/oglethorpe.html