Brent and All,

For two very good articles on this subject see:

W. Preston Haynie, "African-Americans: Obstacles to Freedom", in *The Bulletin of the Northumberland County Historical Society*, Vol. 33 (1996) and

Craig M. Kilby, "The Kelley Brothers and the American Colonization Society: From Northumberland County to Liberia" in "The Bulletin of the Northumberland County Historical Society*, Vol. 45 (2208).

Both articles give both anecdotal stories and a good review of the "black codes" of Virginia up to the Civil War. I believe this magazine is available at the Library of Virginia. If not please feel free to contact me off list. I can send a copy of my article via PDF format. Copies of the late Mr. Haynie's article can be obtained from the Society itself, or from the Mary Ball Washington Museum & Library, for a nominal fee to cover copying and postage.

To add to Brent's post, it is true that the law passed in 1806 stipulated that emancipated slaves were to leave the Commonwealth within one year of emancipation. But where were they to go? And how would they get there? The enforcement of this law was left to the discretion of the local county courts and it was rarely enforced. It is important to keep in mind that all these people, both black and white, all knew each other. And in those days, the county courts had much more authority over local affairs than the state government, no matter what laws it passed. (This is another topic entirely.)

It did, however, have the effect of being a *sword of Damacles* hanging over the head of freed negroes. Again, this is explained in more detail in the two articles above mentioned. Haynie's article in particular has some piquant anecdotal stories about this topic.

Craig Kilby


On Jan 12, 2010, at 3:06 PM, Tarter, Brent (LVA) wrote:

> This query came to Va-Hist, and as I happen to know the answer to it, I
> will post the question and the answer together. BT
> 
> Help me on this please. I thought under an act of Manumission you were
> able to liberate a slave from bondage and give him freedom. It was my
> understanding they had to leave the state though.
> 
> How far off target is this?
> 
> Douglas Burnett
> 
> Satellite Beach
> 
> FL
> 
> [log in to unmask]
> 
> 
> Virginia laws after the American Revolution began (I can't speak to the
> laws of other states, but there were probably similarities and
> differences) allowed owners to free slaves by deed or will. A Virginia
> law of 1806 required that any person freed after that date had to leave
> the state within one year or be re-enslaved. Legislative and judicial
> records contain a substantial number of pleas for exemptions from
> enforcement of that law, some of which were granted. It is also quite
> clear if you trace the names of free blacks through local records that
> the law was irregularly enforced and that many freed black Virginians
> remained in the state regardless of the 1806 law. The Virginia
> Constitution of 1851 imposed more restrictions on the freeing of slaves.
> 
> 
> 
> Brent Tarter
> 
> The Library of Virginia
> 
> [log in to unmask]
> 
> 
> 
> Please visit the Library of Virginia's Web site at
> http://www.lva.virginia.gov
> 
> 
> 
> 
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