Judical Cases Concerning Slavery



                                              1840-1849

                           U.S. v. Wiggins---Janaury 1840
                      U.S. v. Forbes---January 1841
                      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

                                       1850-1859

                          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. State---1853
                        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
                        The Mulhouse---1859

                                                    1860-1869

                              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 Concerning Slavery

1840-1849

U.S.v.Wiggins, 14 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 acres."
U.S. v. Forbes, 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."

Buyck v. 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, 1802.

Edwards v. Union Bank, I Fla. 136, January 1841. "action of tresspass that defendant by its officers, seized [in 1842] forty one negro slaves..."

Manley v. 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.

State v. Charles (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.

U.S. v. 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.

Camp v. Moseley, 2 Fla. 171, January 1848. Parkhill administrators brought an action of tresspass vi 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.

Ponder v. Moseley, 2 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."

Le Baron v. 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 his death.

McRaeny v. Johnson, 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.

Doggett 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.

 Sibley v. Maria (a woman of color)

Lanier v. Chappell, 2 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.

Barrow 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."
 

Lines 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."

Waterman v. Mattair, 5 Fla. 211, 1853 " Plaintiff seeking relief for  expenses incurred for medical services and feeding and clothing defendant.
 

Simon (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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