Voluntary re-enslavement did not accomplish the results desired by its
friends. So in the session of 1859-60, an attempt was made to force free
negroes into slavery. This measure was known as the “Free Negro Bill.” It
provided that all free negroes, except certain minors, who did not leave
the state by May 1, 1861, would be sold into slavery, the supporters
of this bill contending that the free negro had no rights except those
given him by statutes, which could be repealed. The opponents of the
bill maintained that the vested “rights of the negro could not be taken
from him because it would be an impairment of contract and that the
legislature could not touch his natural rights.”[29] The bill was finally
defeated after a prolonged contest.
II. REGISTRATION OF FREE NEGROES.
In the first decade of the history of the state, there was no notice
taken of the movements of free negroes. They enjoyed complete freedom
in their going and coming in the community. But as their numbers and
importance increased the state began to want to know about their
movements. In 1806, provision was made for the registration of the free
negroes of the state by the county court clerks. This was a sort of Dooms
Day Book of free negroes. A minute description, including age, name,
color, and record of any scars on hand, face, or head, was made of them.
It was also noted by what court of authority they were emancipated, or
whether they were born free. Two copies of each registration were made,
certified by the county court clerk and attested by a justice of the
peace.[30] One of these was filed in the clerk’s office, and the other
was given the free negro.
In 1807, this registration certificate was made the passport for the
free negro in changing counties. If he chose permanently to reside in a
new county, he was required to have this certificate duplicated. If he
were caught without it, he was arrested and put in jail unless he made
bond. If he lost it, and could not find record of his registration, he
was required to produce evidence of his emancipation or free birth. If
he failed in this, he was sold as a runaway by the county court.[31]
As poorly as county records were kept, as difficult as it was for the
negro to preserve such a record, and as abundant as kidnappers and
slave-stealers were, the free negro constantly faced the possibility of
losing his freedom.
By act of 1825, free negroes coming from other states were required to
bring their registration papers with them and have them recorded in some
court of record in the county in which they chose to reside.[32]
Public-domain text, read in full here on John Shaqi.
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