The Journal of Negro History, Volume 4, 1919Various
History
The Journal of Negro History, Volume 4, 1919
Various
African Americans -- Periodicals
A citizen holding slaves might petition the county court and
emancipate a slave. Bond and security were required of the owner, and
the slave thus set at liberty became free to go where he chose
provided that, if he became a pauper, he should be brought to the
county in which he had been set free, and there taken care of at
public expense.[21] But occasionally there would arise a situation
which required special enactment of the legislature as in the
instance of one, Pompey Daniels, a slave, who died before the
emancipation of his two children, Jeremiah and Julius, whom he had
purchased. This required a special act of the legislature, as there
seems to have been no law covering such a case.[22] Years before, in
1801, there was enacted a law, giving power of emancipation to the
owner, as we have just seen before, but not to any slave who might
essay to deliver another from bondage.[23]
Once free, the Negro's status was rather precarious in some respects.
He was required to have papers filled out by the clerk of the county
in which he lived, specifying personal details and information
intended to identify the person thoroughly. He must without fail have
these emancipation records with him at any time and place in order to
prove his freedom. In 1831 a law was passed which made it obligatory
for the slave to leave upon his emancipation, and persons intending to
emancipate their slaves were then compelled to give bond for their
speedy removal.[24] Another clause of the same law stipulates that
free Negroes should not be allowed to enter the State.[25] Fine and
imprisonment were specified as penalties for remaining in the State as
long as twenty days. This was a reaction from the provisions of State
laws of 1825 when free colored persons immigrating into the State
might have papers of freedom registered there, when proof of their
absolute freedom had been made. Before the enactment of 1831, the
increase of free Negroes was not so actively discouraged by the State,
and many having their residence there, the laws concerning this class
were quite as important and nearly as well detailed as the provisions
of the slave code.
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