The Journal of Negro History, Volume 4, 1919Various
History
The Journal of Negro History, Volume 4, 1919
Various
African Americans -- Periodicals
A general law of 1839 forbade the slave to act as a free person, that
is, to hire his own time from his master, or to have merchandisable
property and trade therewith.[47] Runaways were to be punished by
being made to labor on the streets or alleys of towns, as well as by
imprisonment. Several laws show the tendency to class free Negroes
with slaves by stating that all capital offences for slaves were also
capital offences for free Negroes.[48] Another plainly provides that
all offences made capital in the code of that time for slaves, should
also be capital for "free persons of color."[49] Further, "no free
person of color might keep a grocery or tippling house" under pain of
a heavy fine. It will be seen that the attitude thus was plainly more
and more adverse to the free Negro. An act of 1842 had made it
possible to amend all laws relating to "free persons of color," and
this was freely done.[50]
Free Negroes of "good character," either resident in the State prior
to 1836 or having removed to the State before that year, and
preferring, in their respective county courts, petitions to remain in
the same, might do so, but otherwise must leave the State under severe
penalties of imprisonment and hard labor, as provided under the law of
1831, prior to the new constitution. The subjects of this legal
provision were to renew this court proceeding every three years, under
the same penalty for failing to perform the renewal.[51] The laws of
registry of free Negroes were kept in force and made, if anything,
more rigid. One provision of these enactments was that there should be
in the registration papers specification of any "peculiar physical
marks on the person" so registered.[52] This practice, defended by
law, is exceedingly interesting to the student who compares it with
what has long been common knowledge regarding the practices of
slave-buyers in the markets. And here we have a measure of the
complete humiliation of the "free person of color," for every free
Negro or mulatto residing in any county of the State was compelled to
undergo this examination before officers of the county court and be
duly registered thereafter as a free person.[53]
As might be expected, the law of 1831 was followed up by enactments
strictly requiring the emancipation of slaves, when allowed by the
State, to be followed closely by the removal of the freedmen from the
State. Also instructions for the transportation of certain Negroes to
Africa were given in the same code. Those who had acquired freedom
after 1836, or who should do so, together with slaves successfully
suing for freedom, also free Negroes unable to give bond for good
behavior although having right to reside in the State, were all to be
transported to Africa, unless they went elsewhere out of the State,
according to provision by law.[54]
Public-domain text, read in full here on John Shaqi.
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