An Introduction to American Institutional History Written for This Series (Classic Reprint)

Excerpt from An Introduction to American Institutional History Written for This Series

Free negroes were permitted by the court of any county or corporation to remain in this State (code of Va., 1849, 466, Code, 1860, but the law against emancipated negroes abiding in the State or Colony was of very ancient standing. According to the Act of 1691, no person could set free a slave, without paying for his transportation out of the country within six months after setting him free. The Act of January 26, 1806, was Tundamental to all Virginia legislation during the present century touching the condi tion of freedmen; it was provided that if any slave thereafter emancipated should remain within the State more than twelve months after his right to freedom accrued, he should forfeit such right and might be sold for the benefit of the poor of the county or corporation. Cf. Acts 1815 - 16, Code 1819, Acts 1826-7, 1830 - 1, 1836 - 7. By an Act of 1840-1, No free negro shall migrate into this State. By the Va. Const. Of 1851, which was in force in 1860, Slaves hereafter emancipated shall forfeit their freedom by remain ing in the commonwealth more than twelve months after they become actually free, and shall be reduced to slavery as may be prescribed by law. The letter of the law was probably more severe than the spirit of its execution. In point of fact, both free and emancipated negroes were always allowed in Virginia by permission of the justices of a county court. In fact, the law allowed free negroes to be registered and num bered every five years by the clerk of the county court (codes of1849,1860). Free negroes were even allowed to own slaves of a certain kind, for example, a free negro could own his wife and children, and their descent, also his own parents. And con versely, a free negro wife might own her husband, children, and parents.

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