The Journal of Negro History, Volume 4, 1919Various
History
The Journal of Negro History, Volume 4, 1919
Various
African Americans -- Periodicals
Among the early laws is one exacting a penalty of $500 fine for
selling a "free person of color."[26] A free person imported and sold
as a slave under the law might recover double the price of his sale
from the seller, who might be held until he should give bond.[27] This
marks a high degree of feeling of justice toward the freeman, and yet
it is worthy of notice that this was not always adequate to obtaining
actual justice. Record is given of three young colored men, seamen and
free, "carried to Mobile and New Orleans in the steamer _New Castle_
and taken ashore by the captain to the city prison on pretext of
getting hemp for the vessel, but really taken by the captain to the
city prison as his slaves and sold by the jailor to three persons who
carried them into Tennessee."[28] It is further stated that these
unfortunates remained in slavery. One, however, was freed by the
diligent work of the Friends, who had agents in the South busy
gathering information concerning slavery, and planning means of
combating it.
The free person of color was exempted from military duty and from the
payment of a poll-tax. In accordance with an amendment to the Public
Works act of 1804, he was expected to give service on public roads and
highways just as other citizens.[29] It is doubtful whether any
freeman of color voted under the constitution of 1796, but it seems to
have been possible. The new constitution of 1834 restricted the right
of voting to "free men who should be competent witnesses against a
white man in a court of justice." In the courts free Negroes were
legal witnesses in certain cases among their own people, but might
themselves be testified against by slaves, even, if the defendants
were only freedmen.[30] Otherwise slaves were not allowed to be
witnesses against free men of color. Writs of error were granted to
both freemen and slaves.
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