Ami
[regarding slaves as property]
“in 1705 the [Virginia] Assembly stated implicitly that ‘all negro,
mulatto, and Indian slaves, in all courts of judicature, and other
places, within this dominion [colony of Virginia], shall be held, taken,
and adjudged to be real estate …”
William Hening, /The Statutes At Large; Being A Collection Of/ /All The
Laws Of Virginia, From The First Session Of The Legislature In The Year
1619 /(New York: Printed for the editor, 1819-23. Facsimile reprint,
Charlottesville: Published for the Jamestown Foundation of the
Commonwealth of Virginia by the University Press of Virginia, 1969),
3:333, quoted in Thad W. Tate, /The Negro in Eighteenth-Century
Williamsburg/ (Williamsburg: Colonial Williamsburg Foundation, 1965), 8-9.
On 1/5/16 1:22 PM, Tarter, Brent (LVA) wrote:
> Ami,
>
> By far the most accurate, thorough, and learned discussion of entail is in Holly Brewer, "Entailing Aristocracy in Colonial Virginia: 'Ancient Feudal Restraints' and Revolutionary Reform," William and Mary Quarterly, 3d ser., 54 (1997): 307-346.
>
> Brent Tarter
> [log in to unmask]
>
>
> -----Original Message-----
> From: Discussion of research and writing about Virginia history [mailto:[log in to unmask]] On Behalf Of Pflugrad-Jackisch, Ami Rebecca
> Sent: Tuesday, January 05, 2016 2:38 PM
> To: [log in to unmask]
> Subject: Re: [VA-HIST] Colonial law codes vs. session laws
>
> Hi all,
>
> This is a very interesting discussion. The slaves as real property issue is a thorny one. Could slaves still be entailed somehow after this? Are there any examples of a white family moving to a new (but previously existing) large plantation and buying the slaves owned by the previous family?
>
> Can anyone tell me what the most accurate source is for more information on this?
>
> Thanks!
>
> Ami
>
> Ami Pflugrad-Jackisch
> Associate Professor of History
> University of Toledo
> [log in to unmask]<mailto:[log in to unmask]>
>
>
> Craig Kilby <[log in to unmask]> wrote:
>
> This may well be. One such instance was Virginia's 1748 repeal of the 1705 law defining slaves as real property, which was nullified in 1751.
>
> Craig Kilby
> Kilby Research Services
> www.craigkilby.com<http://www.craigkilby.com>
>
>
>
>
>
>
>> On Jan 5, 2016, at 10:40 AM, Tarter, Brent (LVA) <[log in to unmask]> wrote:
>>
>> If memory serves me correctly, the Crown disallowed several statutes enacted with the revisal of Virginia's legal code in 1749.
>
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