U.S. v. Forbes---January
Edwards v. Union Bank---January 1846
Manley v. Union Bank---1846
State v. Charles (a slave)---January 1847
U.S. v. Lawton---January 1847
Camp v. Moseley---January 1847
Ponder v. Moseley---January 1848
LeBaron v. Fauntleroy---January 1848
McRaeny v. Johnson---January 1849
Doggett v. Jordon---January 1849
Sibley v. Maria (a woman of color)---January 1849
Lanier v. Chappell---January 1849
Summerall v. Thomas---January 1850
Barnard v. Moseley---January 1850
Carter v. Bennett---January 1852
Bryan v. Dennis, Mary, et al.---1852
Barrow v. Bailey---January 1853
Lines v. Darden---January 1853
Waterman v. Mattair---1853
Luke (a slave) v.
Loammi Davis v. Fitchett---1853
Simon (a slave) v. State---1853
Forsyth v. Perry---1853
Bellamy v. Sheriff---January 1855
Carter v. Bennett---January 1855
Frances (a slave) v. State---February 1855
Maiben v. Bobe---April 1855
Sanderson v. Jones---April 1855
Perry v. Lewis---January 1856
McDougall v. Van Brunt---January 1856
Joe (a person of color) v. State---January 1856
Cherry v. State---February 1856
Kelly v. Wallace---February 1856
Hooker v. Johnson---March 1856
Hollingswworth v. Handcock---March 1856
Smith v. Croom---January 1857
McHardy v. McHardy---February 1857
Heffron v. State---1858
Price v. Sanchez---1858
Linton v. Walker---1858
Wynn v. Ely---1858
Abernathy v. Abernathy---1858
Railroad Co. v. Macon---1859
Clark v. Gautier in behalf of Dick
(a person of color)---1859
Tucker v. Hancock---1859
Kitrol v. State---1860
Harris v. State ---1860
Cato (a slave) v. State---1860
Judge v. Moore---1860
Kendig v. Giles---1860
Powell v. Leonard---1861
Donaldson v. State---1861
McLeod v. Executor of B.M. Dell---1861
McLeod v. Executor of W. Dell---1861
Harrell v. Durrance---1861
Chaires v. Brady---1862
Smith v. Hines---1863-1864
Owens v. Rhodes---1863-1864
Milller v. Gaskins---1864-1865
Robertson v. Baker---1866-1867 (initiated in 1862)
Walker v. Gatlin---1867-1868
June v. Myers---1868-1869 (initiated in 1861)
Slaback v. Cushman---1868-1869
Railroad Co. v. Nash---1868-1869 (initiated in 1860)
Branch v. Wilson---1868-1869 (initiated in 1863)
McNeal v. Gregory---1869, 1870, 1871
Stephens v. Gibbs---October 1873
Price v. Hicks---July 1874
Florida Judicial Cases
Peters (U.S.) 334, January, 1840. Isabel Wiggins of Fernandina seeks three
hundred acres as she has five children and five slaves, with herself. "By
the regulations of Governor White, published in 1803, it was declared,
that to every head of a family there should be distributed fifty acres
and to the children and slaves, sixteen years of age, twenty-five acres
for each one; but from the age of eight to sixteen years, only fifteen
15 Peters (U.S.) 173, January 1841. "the firm of Panton, Leslie, and Company
obtained, in . . . one thousand seven hundred and and ninety-nine, a grant
of fifteen thousand acres of vacant lands - - - in order to employ their
slaves in the agriculture and for grazing their cattle; but - - - being
of an inferior quality . . I ['Don Juan Forbes, partner of . . successors
of Panton'], from this moment [July 27, 1814], abandon the said fifteen
thousand acres of land in behalf of his majesty," "wishing to establish
a rice plantation, which production we have been, until the present time,
under the necessity to import form foreign parts: . . supplicating . .
an equivalent in the district of Nassau river."
U.S., 15 Peters (U.S.) 215,
January 1841, Don Augustin Buyck seeks Gov. White to grant
him fifty thousand acres as he has a large number of Negroes (Negroes bozales)
and White persons, native citizens of the U.S. who wish to join him for
the settlement of lands at Musquito. St. Augustine of Florida, 22d July,
Bank, I Fla. 136, January 1841. "action
of tresspass that defendant by its officers, seized [in 1842] forty one
Union Bank, I Fla. 160 January 1846.
Two mortgages to the bank, the first in 1830 on twenty slaves, and the
second in 1840 on the same twenty and and twenty-two other slaves with
the children of the females.
(a slave), I Fla. 298, January 1847. The prisoner was indicted for an assault
with an intent to comment a rape on Z.P., a White woman but the the indictment
did not so charge. A question was raised in the Court below, upon the validity
of the indictment. Held: this court has no jurisdiction of a the case.
Lawton, 5 Howard (U.S.) IO January
1847. "in. .1818, . . to make a survey . . Two Black men, one .. belonging
to Mr. Bulger of St. Augustine, and Peter Survel [the guide], a free black
mulatto, were chain-carries.
Fla. 171, January 1848. Parkhill administrators brought an action of tresspass
et armis against Camp for seizing 180 slaves. Camp justified his action
but virtue of an execution. At the sale in 1845 'Gov. Moseley [administrator]
. . arranged the negroes in lots . . said his reason fro separating the
families, (which was contrary to the wish of witness,) was, that he was
determined to make them bring as much as possible; . . All the negroes
were mortgaged; . . witness . . was authorized to buy one hundred negroes
. . Anderson . . proposed to give a certain sum for a family of negroes
. . Gov. Moseley . . replied that the negroes must be sold separately.?
Judgment for the plaintiffs reversed: Moseley is estopped.
Fla. 207, January 1848. One of the slaves prior to the sale asks Moseley
to purchase her because her husband was owned by Ponder. Moseley recommened
the slave to ask Ponder. The slave went to Ponder's place and later went
to the Court House and bid [her] off. "Archer .. observed that he intended
to stop the negroes bought at the sale, . . which the purchasers intended
to send for sale to New Orleans. . . at that time the slaves . . were near
town on their way to be embarked . . Juba, for an old woman, was a good
hand, and was worth from forty to seventy dollars per year; Caroline about
eighty dollars, the price fluctuating and generally low. A female slave
of thirteen would hire for about thirty dollars a girl of eleven and a
boy of ten would be about their victuals and clothes." "Juba . . [was]
appraised ][in 1844 or 1845] at three hundred and fifty dollars;
. . Caroline, at five hundred and fifty . . Thinks slaves have advanced
in value since that time twenty-five per centum."
Fauntleroy, 2 Fla. 276 January 1848.
George L. Fauntleroy of Pensacola wills his slaves Davy, James, Maria Ann,
and the children of James and Maria Ann their freedom six months after
2 Fla. 520, January 1849. An action
of tresspass against Johnson and Moore. Plaintiff sought damages consisting
of a beating death of a slave. Verdict: guilty, plaintiff awarded four
hundred and thirty-five dollars.
v. Jordan, 2 Fla. 541, January 1849. In 1842 Henry Doggett employed
plaintiff as an overseer. Employment continued through 1844. Henry Doggett
had forty hands, and John eight. Plaintiff's services were worth $400 or
$500 per annum.
(a woman of color)
Fla. 621 January 1849. The treasure of the Steam Saw Mill Company promised
to pay $335 for the hire of two Negro boys on January 1, 1842.
Bryan v. Dennis, Mary, et al. 4 Fla. 445, 1852. "1830,
Jacob Brayn of Georgia removed to Florida; bringing . . Sara and Susan,
the mother of Dennis and Mary who were subsequently born . . 1842 . . Bryan
executed an instrument in writing . . which, by its terms, emancipated
. . the defendants . . as well as other negroes . . Bryan never gave bond,
as required by law, for the transportation of these negroes beyond Florida,
and they continued to reside here until after the death of Bryan . . in
1847. His heirs filed a "petition in Chancery . . for the recovery of .
. negroes, . . process was issued . . and three of them . . were
taken into custody by the Sheriff . . These defendants . . filed
. . their plea, and upon the issue of liber vel non, the cause was set
for hearing. . . decreed that . . Dennis and Mary were free. . and that
. . Sarah was a slave, and such to be sold, . .From that portion . . liberating
Dennis and Marry, an appeal was taken"
Counsel for appellees continued: "Dennis and Mary were born in the State.
. and are not subject to the penalties imposed by the act of 1829."
Held: I "This construction . . cannot be sustained.
That these two
negroes are not within the letter of the law,
is conceded, but non constat, they are not within the policy and spirit.
. . the policy of this State in reference to free negroes . .
is well settled. rom here early history a a Territory, she has been
opposed to the settlement of this class . . within her borders, . . In
1832, the Legislature . . were compelled to enact the most stringent
laws to arrest the evil, by prohibiting the further migration of free negroes
within her limits; and the emphatic language of the Constitution
of the Sate, depriving the Legislature of the power of passing laws for
. . manumission . . was but carrying out the principles of that policy
. . we construe
this law (1829) so as to restrict its application to slaves brought
into the State, and not include their descendants . .we . . entail upon
the State an evil . . which it is manifest it was the design of the
Legislature to suppress. . . II its provisions embracing all the
negroes mentioned . .was the act of manumission . . consummated by the
deed: . . It is not pretended that the grantor ever gave bond, as required
by the first section . . a condition precedent . . without it the
deed has no legal existence,. . . .several days after the decree was rendered
. . Dennis, absconded 1852.
v. Bailey, 5 Fla. 9, January
1853. In 1845 Bailey " of the property conveyed there were one hundred
and seventy-eight slaves; the value of those on the plantation in Jefferson
County. . it estimated . . at the average price of $300 each. Another
witness . . disclaiming all particular knowledge of those in question,
fixes the market price at the average of $275. . . Dr. Elliott, who claims
to have a personal knowledge . . describes them as sickly, feeble, etc.,
the result of ill-treatment, and insufficient feeding and clothing; but
the testimony of . . the overseer . .is in direct . . contradiction . .
and . . a near neighbor . . answers, 'that the genera appearance of the
plantation, negroes, etc., was about the same as the neighboring plantation.'
. . Mr. Branch . . says he had no personal knowledge
. . that Doggett's negroes' were said to be an unusually sorry lot
. . The Court is is disposed to take the average given by Gov. Moseley,
$275, . . especially as . . there were but few small children in the gangs."
v. Darden, 5 Fla. 512, January
1853. The 1838 will of Robinson. "My will . . is, that my boy George,
the Carpenter, shall be allowed to choose his own employer, annually, .
. such employer paying . . one dollar to my executor."
v. Mattair, 5 Fla. 211, 1853
" Plaintiff seeking relief for expenses incurred for medical services
and feeding and clothing defendant.
(a slave) v. State, 5 Fla. 285, 1853.
"On the 17th October . . the dwelling-house . . was burned . . On the 21st
or 22d . . Simon . . was apprehended and taken before the mayor . . on
suspicion" The mayor testified that he "said to Simon . . that if
he . . was the one who burned the house, he would be put upon his trial,
and would be certainly hung; that if he had any accomplices he would, by
testifying against them, become State's evidence, and they would be put
upon their trial and not him. . . He replied, send for my master,
and I will tell the whole. . . then said, he had set fire . . there was
great excitement among the people . . Witness . . thinks that but
for his protection . . the people would have taken him into their own hands
. . the excitement . . was sometimes in the presence of the prisoner,
and sometimes not, but in his hearing. . . McVoy [Simon's master] said
. . that he never saw any one more terrified. . the crowd on
the outside." The mayor "had several interviews with the prisoner in jail,
. . said . . you are in irons and you cannot escape." "witness. .
unimpeached, and . . uncontradicted, established the fact, that the confessions
. . as to the particulars of the burning, were altogether untrue." " he
was convicted and sentenced to be hung." The judgment was reversed and
a new trial was ordered due to strong "influences were brought to bear
. . to extract a confession.
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