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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 (or “person of color”). 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.
(GL 1801 Vol 1 Page 71 Sequential # 024) |
|
1815 |
Act
providing for mode of trial of free blacks convicted of crimes (they are
to be tried under the same laws as slaves).
[See also 1805 Vol 1
Page 041 Sequential # 041;
1805 Vol 1 Page 063 Sequential # 041;
1806 Vol 1 Page 053 Sequential # 033;
1811 Vol 1 Page 049 Sequential # 008; and
1811 Vol 1 Page 49 Sequential # 008 for details on trials of 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 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) |
|
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 |
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) |
|
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) |
|
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) |
|
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 to free 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) |
|
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) |
|
1860-65 |
US
Civil War |
|
1865 |
Slavery abolished by the 13th Amendment to the US Constitution. |
|
Sources |
Primary Source: GALILEO: Georgia Legislative Documents on-line at
http://www.galileo.usg.edu/
Secondary Source: Our
Georgia History
http://www.ourgeorgiahistory.com/people/oglethorpe.html |
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